New Amendment in Election act 2017 | Faisal Chaudhry's Bold Analysis
#Electionact2017 #nationalassembly #electioncommission #PTI #pmlngovt
#sunniittehadcouncil #reservedseats
New Amendment in Election act 2017 | Faisal Chaudhry's Bold Analysis
#sunniittehadcouncil #reservedseats
New Amendment in Election act 2017 | Faisal Chaudhry's Bold Analysis
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NewsTranscript
00:00Let's move on to the next story.
00:02Yesterday you saw that a bill was presented in the National Assembly.
00:05When the bill was presented for amendment in the Election Act 2017,
00:09that bill was sent to the Parliamentary Committee.
00:13Today this bill was discussed in the Parliamentary Committee.
00:16And after this bill was discussed, voting was done on it.
00:19After voting, there were 6 votes in favor of the bill and 4 votes against it.
00:24The bill was passed.
00:25Now the next journey of the bill will come back.
00:29It will be presented in front of the National Assembly.
00:32Those who are in favor of this bill will be asked.
00:36I as President of the House is a simple majority.
00:39There is no need for a two-thirds majority to legislate.
00:42The bill will be passed from here and sent to the Senate.
00:45After that, it will be sent to the President of Pakistan.
00:47Let's see how long it takes.
00:49But since the bill came, there has been a lot of debate on it.
00:55The purpose of this bill is to stop the Supreme Court's decision on specific seats from being implemented.
01:07There is no doubt about it.
01:09You can ask anyone.
01:11Let me tell you what is in the bill.
01:14A new amendment will be made in the Election Act 2017.
01:17First, this Act will be implemented immediately.
01:21The purpose of the bill is to stop the Supreme Court's decision on specific seats from being implemented.
01:29Basically, as Mr. Sheikh Shaheen was telling us yesterday,
01:33this Act will be implemented from 2017.
01:38As soon as this bill is passed.
01:40In this bill, despite the Supreme Court's decision,
01:44and despite the fact that a candidate has submitted a certificate of political affiliation to the Jama'at,
01:48but has not submitted his statement in front of the returning officer,
01:51then the person who confirms that he is a candidate for this Jama'at,
01:57such a person will be considered a free candidate.
02:00Not a candidate for any political party.
02:04If a candidate submits a certificate of political affiliation to the Jama'at,
02:12and submits a statement that he is a candidate for a political party,
02:18then he will not be considered a candidate for that political party.
02:23Despite the Supreme Court's decision,
02:27if a political party fails to submit a certificate of political affiliation for specific seats,
02:33then he will not be considered a candidate for specific seats.
02:37This is very simple.
02:40The Supreme Court's decision,
02:43number one, that the candidates were not independent,
02:45why did you declare the election commission?
02:47The Supreme Court said that this can happen.
02:50Then, if a candidate has not submitted a certificate of political affiliation for specific seats,
02:54which was not submitted,
02:55therefore, he cannot be re-submitted.
02:58The simple reason is that this will not be implemented.
03:02When Mr. Attar was asked yesterday,
03:05why did you do this,
03:07he said without any hesitation,
03:09that why did we do this.
03:12Parliament has the power to make retrospective decisions.
03:17And the application of any law,
03:19like the NAB's ordinance,
03:21when it came initially,
03:22its application was done from behind.
03:24So, I think that this retrospectivity,
03:27this is also the power of the Parliament.
03:29The application section of any law,
03:32when will it be applied?
03:34The Parliament can determine that.
03:36And the Parliament can tell,
03:38when will it be determined.
03:40Absolutely.
03:42He said, we have the power,
03:43the Parliament can do this.
03:45Then Irfan Siddiqui,
03:46explained this in more detail,
03:49that the Parliament,
03:51why is it standing now?
03:53What is the compulsion of the Parliament?
03:55When you play with the rules,
03:58and we will make a law to stop you from playing with the rules,
04:02then you will say that you are against the decision.
04:04Yes, we will be against the decision.
04:06If that decision is contrary to the rules,
04:09contrary to the law,
04:11then the violation of the rules,
04:14the protection of the rules,
04:15the rules are made by the institution.
04:17It is their duty to stop such things.
04:20Keep on insulting,
04:21insulting the court.
04:22We don't know what will happen against us tomorrow,
04:24or whom they will call.
04:26But the time has come,
04:28and the court has pushed the Parliament,
04:31to a point where the Parliament,
04:33with all its strength,
04:35with all its power,
04:37with all its authority,
04:39should stand up,
04:40and protect the rules,
04:42and not allow anyone to play with the rules.
04:46In response to another question,
04:48the real fear of the ruling parties,
04:52is that if the Supreme Court
04:55doesn't do anything about it,
04:57then that political party,
04:59which will emerge as a flowing crop,
05:02then we will be left with nothing.
05:05So, we have to stop that crop from growing.
05:08Mr. Faisal Chowdhury is a lawyer of the Supreme Court.
05:11We have invited him to our program,
05:13to find out how extraordinary
05:15an action he is seeing,
05:17or a routine process.
05:19Thank you very much, Mr. Faisal Chowdhury.
05:20First of all, sir, tell us,
05:22in Pakistan's case law,
05:24do you find any such example,
05:26that the decision of the full court bench,
05:29is clearly present,
05:31there can be objections to the decision,
05:33anyone can have it,
05:34it is a public property,
05:35there can be a debate,
05:36but the decision is in the field.
05:38In comparison to that,
05:39the Supreme Court is being legislated,
05:42and exactly,
05:44point by point,
05:45it is being legislated in such a way,
05:47that the decision made by the Supreme Court,
05:49has to be stopped.
05:50So, in our case law,
05:52are there any such examples,
05:54that this can happen,
05:55that the Parliament can do,
05:57please share with the viewers.
06:01No, look,
06:02this kind of thing,
06:04has never happened before.
06:06It is right that,
06:08in the legal system,
06:09it can be done,
06:11the effect of the judgements.
06:13That is, the effects are,
06:15sometime,
06:18in the future,
06:19to become the President,
06:21they can be stopped,
06:22but if you say that,
06:24the court,
06:25does the whole procedure,
06:27takes the evidence,
06:28and after that,
06:29gives the decision,
06:30and declares someone as the culprit,
06:32so can the Parliament,
06:34undo that?
06:36So, all these exercises,
06:38in this,
06:40its retrospective effect,
06:42the court should not see it,
06:45Now, the problem is that,
06:47I think,
06:49now,
06:50if a decision is not liked,
06:52then,
06:53taking that,
06:54using your objections,
06:55in such a way,
06:56that,
06:57if you get ready,
06:58to destroy the institution itself,
07:00then,
07:01this system,
07:02will not be able to stand.
07:04Now, you have seen,
07:05in America,
07:06the American Supreme Court,
07:07gave a decision,
07:08in the hands of Donald Trump,
07:09in which,
07:10there is a lot of noise,
07:11but,
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