Election Act Bill 2024 - What's Govt's Plan? - Barrister Ali Zafar Told Everything - video Dailymotion

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Transcript

00:00Mr. Barrister, can the bill be changed with the help of simple legislation?

00:07Because under the 99 names of Allah, the minister of law is saying that this is an unconstitutional bill.

00:16Look, this bill is not against the constitution at all.

00:21And you will see this very soon.

00:23As I have already mentioned many laws in your program.

00:28You will see very soon that when this will be challenged in the Supreme Court, the Supreme Court will declare it unconstitutional.

00:34What is the reason for this?

00:36It is said that the Parliament is supreme.

00:39Parliament is sovereign.

00:40It is its job to make laws.

00:42It is absolutely correct.

00:44It is the job of the Parliament to make laws.

00:47But the lawmaking of the Parliament, the common law that the Parliament makes,

00:51there is a violation in the constitution.

00:53And that is that no such law can be made which is against the constitution.

00:57How is this against the constitution, sir?

00:59Yes, I will tell you.

01:01And similarly, no such law can be made which, as I said, is against fundamental rights.

01:07And if there is such a legislation, similarly, under the separation of power,

01:12it is the job of the court to make such a legislation.

01:15If the court makes such a legislation of the law,

01:17of the common law or of the constitution,

01:19both can be made,

01:21and if the Parliament does not like that legislation,

01:26then the Parliament can change that legislation.

01:30The Parliament can also change the constitution,

01:36and can also change the common law.

01:40But the problem with this is that if the court makes a legislation of the law,

01:46then the article that has been legislated,

01:51that article will have to be amended,

01:54that article will have to be amended,

01:56that is, the constitution will have to be amended.

01:58And there is only one way for the Parliament to amend the constitution.

02:01Which is by majority.

02:02Which is by majority.

02:03So the clarity that you are talking about on article 51 and 806.3,

02:07you are saying that it cannot be done without amendment of the constitution.

02:10It cannot be done because the judgment, which we call the reserve seat judgment,

02:14in this, the constitution was interpreted.

02:16That is, article 51 was interpreted and it was said

02:19that this is the meaning of article 51.

02:21I got it.

02:22But Mr. Barista, you find this to be a failure.

02:24No, the purpose behind this is something else.

02:27Actually, the government also knows, in my opinion,

02:30that the government also has the reserve seat,

02:32and they must have read the constitution,

02:35and must have also read the court judgments.

02:38They know that ultimately this law has to end.

02:43They are gaining time right now.

02:46In my opinion, this is the emergency for them right now.

02:49And you know that when you have lost,

02:52then your mind looks for things in all kinds of conspiracy and desperation.

02:56So their intention right now is to somehow pass this law.

03:00And the meaning of passing this law will be,

03:03you will see that when the election commission of Pakistan passes this law,

03:06the assigned president gives it to them.

03:08So the election commission of Pakistan will come and say,

03:11Sir, now this law has come, so we cannot implement the judgment.

03:16Then we will have to challenge.

03:18It will take some time to challenge.

03:20So the government will get another month, month and a half.

03:24Why do they need it?

03:26It is just one purpose.

03:28And in my opinion, the purpose is that they want to somehow break

03:32the independent people who have not yet been able to join the party

03:35because this judgment is not being implemented.

03:38They will try to torture and imprison them somehow.

03:50That can be the ultimate aim.

03:52Because the first aim is to get some time to bring some people to us.

03:57And if they succeed in bringing people to us,

04:00by adopting unlawful and illegal methods against the democracy,

04:04then their ultimate aim can be that we bring so many people

04:09that we can bring a constitutional amendment.

04:11And through that constitutional amendment, it can be...

Election Act Bill 2024 - What's Govt's Plan? - Barrister Ali Zafar Told Everything

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