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Constitutional Crisis? Supreme Court, Election Commission, and Parliament Face off | Expert Analysis
Constitutional Crisis? Supreme Court, Election Commission, and Parliament Face off | Expert Analysis
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00:00Mr. Qamar Dilshad, who you know is very experienced,
00:04he is giving a hint to Ayn-e-Bohran that institutions should stand with their own opinions in front of each other.
00:11What will happen now? Listen.
00:13The Election Commission has also insisted on its strong position that until the decision of the intraparty election is not made,
00:19we are not in a position to give these special seats to any party.
00:23The matter has become very complicated.
00:24A dispute has arisen in the Constitution.
00:26Three forces have come forward.
00:28Election Commission of Pakistan, Parliament of Pakistan, and Supreme Court of Pakistan.
00:34Mr. Nagri, you can talk to the majority of experts,
00:40their views, their objections, or whatever the differences are.
00:44In the presence of a clear Supreme Court ruling,
00:49everything else comes under their control.
00:52You must remember, you mentioned it yesterday as well,
00:55that when it came to the vote of no confidence issue,
00:58whether it was injustice or Ayn-e-Bohran's fault, we discussed it yesterday as well,
01:01the Supreme Court took a heavy notice on it,
01:04and five members of the Supreme Court gave their opinions on it,
01:08and reversed the whole process and said that this is the interpretation of the Constitution.
01:13A lot of people were upset with it.
01:14Obviously, the PTI people were upset with it at that time.
01:17Now, the full court sits on the bench.
01:19The eight judges on the bench of the full court have a very clear decision.
01:23And the remaining three judges also believe in the legal and judicial status of the PTI.
01:29Therefore, you can reverse the Supreme Court ruling in a review petition or by filing a counter-petition.
01:37It is not possible that the ruling is still there,
01:40and after that, a simple legislation is passed forward.
01:43What do you have to say?
01:45What do you see as the solution to this?
01:47You can comment later if you want to share the news first.
01:50I will tell you both the news and the solution.
01:51I usually joke, but I want to say something very serious.
01:55No, no, please, you do it.
01:57Look, why is all this happening?
02:00All this is happening because there is no balance.
02:03Someone's case is very heavy somewhere, someone's case is very heavy somewhere.
02:06You have to create this balance.
02:09Now, the head of state in any democratic government is the Prime Minister.
02:14Now, suppose that the Prime Minister and the Cabinet decide
02:18that this judge should go here, that judge should go there,
02:20this amendment should be done here, that amendment should be done there,
02:22then neither the mind, nor the law, nor the constitution will accept it.
02:25Because the Prime Minister himself, in his own capacity,
02:28does not have such a great power or the cabinet does not have such a great power.
02:31It is necessary for you to get it approved by the National Assembly, by the majority.
02:36Now, let's put this example forward and go to the Supreme Court.
02:40All the judges sitting in the Supreme Court, 12, 14, 15,
02:43if those 2, 4, 5 people make a big decision that clashes with the constitution,
02:47then should those 5, 7 people get this power,
02:50which neither the Prime Minister nor his cabinet got?
02:53So, the thing is that you have to create a balance wherever the powers are.
02:59And to create this balance, the best solution that can be,
03:02which I personally understand, and maybe the wise people will also accept it,
03:06you make a commission or you make an authority
03:10in which you take 4, 5 judges of the Supreme Court, the top judges,
03:14you take the representatives of the Bar Council, you take 4 people from the National Assembly,
03:19you take 2 from the Treasury, you take 2 from the opposition,
03:22apart from this, you take the Minister of Law, you take the Attorney General,
03:25and all of them together decide on all these things,
03:28that what is the constitution, what does the constitution say,
03:32and what should be the decision about the judges and other such decisions that are coming,
03:37and I think this can be your long-term solution.
03:41Viewers, this is an absolutely right opinion, and the problem that is being created nowadays,
03:47obviously, the supremacy of the Parliament is also in front of everyone,
03:51the supremacy of the Constitution is also in front of everyone,
03:54now the Supreme Court makes a wrong or right decision,
03:57now you cannot have two opinions on that either, because it is a majority decision,
04:01now it has come,
04:03now you see that since it is a political battle,
04:06all the power is being played around the distribution of power,
04:11now yesterday we saw that PM LN,
04:14obviously, he has a majority in the National Assembly,
04:17his speaker,
04:18although the speaker should be a bi-partisan,
04:22but the speaker is obviously of the majority party,
04:24Asad Qaiser was before him, of Pakistan Tariq Insaaf,
04:27we saw him before that too,
04:28and the speaker of the Punjab Assembly, Mr. Malik, he also wrote this letter,
04:33Now, a letter comes in front of us today,
04:36from the speaker of the Khaybar Pakhtunkhwa Assembly,
04:39from there, we have received a letter from Babur Saleem Sawati Sahib,
04:45he has written a letter to the Election Commission,
04:47in that, the requests that he has submitted in English,
04:51we will put the translation in front of you,
04:55the title of that letter is,
04:57the practice of the constitution and the rule of law,
05:00in the case of PTI's special sessions,
05:03the Supreme Court has declared the decision of the Peshawar High Court as final,
05:07and has issued clear instructions regarding the allotment of special sessions,
05:12that these sessions cannot be allotted to other political parties,
05:15this is the title of that letter,
05:17even after the Supreme Court's decision,
05:19there is an unnecessary delay in the case of special sessions,
05:23this is written in the letter,
05:25the Supreme Court has declared the winning candidates for the National and Provincial Assemblies as PTI's candidates,
05:33who are currently members of the PTI's parliamentary party in the Assembly,
05:37the Supreme Court has issued the decision of special sessions in the light of the constitution,
05:41on which the Election Commission has been continuously failing to act,
05:44which is contrary to the decision by rejecting the action,
05:48as the custodian of the Khaybar Pakhtunkhwa Assembly,
05:51I think it is important to emphasize that,
05:54while following the decision of the Supreme Court,
05:56the practice of the constitution and the rule of law should be ensured.
06:01Mr. Chaudhry Ghulam Sain,
06:02obviously, in Pakistan,
06:06the constitution, the laws of will,
06:10which support a political party,
06:13they keep them in front and make their statements,
06:16now the decision of the Supreme Court is very clear,
06:19it is with the majority,
06:21keeping that in front,
06:22the K.P. Assembly, their custodian,
06:24the Speaker, has given his opinion,
06:26keeping in front the law passed by the Parliament,
06:30the Speaker of the National Assembly and the Speaker of the Punjab Assembly have given their opinion,
06:33the solution to the fight,
06:34one is the advice given by Mr. Naqvi,
06:36that all the BJOs should talk, for God's sake,
06:39it is better if nothing is left in the hands of anyone,
06:43to use their brains.
06:45What do you think,
06:46will there be more fights in the fight,
06:50or will we see some intelligence in their brains?
06:58No, they have no choice but to fight,
07:01they have nothing.
07:02The new elections don't suit them,
07:04they don't have the ability to act on the constitution and the law,
07:08the invitation they are giving to the confrontation,
07:10you will see the result yourself,
07:12I have said the same thing every day,
07:14that it doesn't suit them,
07:16if they had to act on the constitution and the law,
07:20on the 12th of July it will not be long,
07:23on the 12th of July, 12th of August, 12th of September,
07:26today is the 20th of September,
07:29so you can see for yourself,
07:31that when they take a decision of their own,
07:35they act within the next two hours.
07:38I am surprised that even yesterday I said to the election commission,
07:42that they didn't go back to the speaker after taking the decision,
07:46that this is in accordance with you,
07:48the seats that were given to you earlier,
07:50which you didn't have,
07:52we are giving them back to you,
07:55the constitution and the law,
07:57so you just wait,
07:59today Maulana Fazlur Rahman also gave you a lot of hopes and expectations,
08:04he said two things,
08:06he said this is not on,