Kiya Election date ka issue Supreme Court mai jata dikh raha hai??
Category
🗞
NewsTranscript
00:00 The Prime Minister, the Prime Minister, all the ministers, all the MPs, all the MPs,
00:07 whenever the President asks for a briefing on any issue, or asks them to give a report
00:12 or present it, they are bound.
00:14 So what is the answer to this insubordination of the Election Commission?
00:18 They say, "We don't even consider it appropriate to tell you, we will tell you."
00:23 If you do such things, sitting on a position of responsibility, then how will the country improve?
00:30 Secondly, if the Prime Minister says that the President has no authority,
00:35 that Article 57, the amendment that is required in the law,
00:42 then where will the President go with the 48, 5, or whatever articles?
00:49 Will the constitution prevail or will the law prevail?
00:54 Yes, Mr. Shankar.
00:56 The thing is, when there is a clash between the constitution and the law,
01:03 then I have no other opinion on it.
01:06 The constitution prevails, the constitution is the supreme law.
01:11 And any subordinate legislation cannot override any constitution.
01:17 So I have no other opinion on it.
01:19 But I would say that you need to look at the 48, 58, 2, and 51 articles.
01:33 And the best platform for that is the Ministry of Law.
01:38 Or if this issue is not resolved anywhere,
01:41 then it can be resolved only with the Supreme Court in terms of its interpretation.
01:46 Let me tell you, what Mr. Shah Khawar is saying,
01:49 that you don't have to read Article 48 alone.
01:52 Article 48 is there, the President has to give a date in 90 days.
01:56 But this does not fit the current scenario.
01:59 Now he is saying that 48, 58, 51, and plus I will add Article 17.
02:07 He also has to see that it is your right to vote.
02:10 Who has to make this decision?
02:12 Now this decision is like you said, it is a mess.
02:17 So the solution to this is that the Ministry of Law and Justice
02:22 should definitely give their opinion.
02:24 So that this can be clarified, because the Election Commission is also a mirror.
02:28 The President is also a mirror.
02:30 And when both are clashing...
02:32 The final interpretation is the Supreme Court of Pakistan.
02:36 Mr. Shah Khawar, the Supreme Court's decision,
02:39 and the review petition of the Election Commission,
02:42 the Supreme Court's clear ruling on 60 and 90 days,
02:45 that this is your duty, not your right.
02:49 After that, this whole matter is under discussion.
02:53 If we put all these issues in front,
02:56 then finally I feel that the matter of yours will be seen going back to the Supreme Court.
03:03 There are a lot of differences in all aspects in terms of interpretation.
03:09 Mr. Khawar, let me tell you one thing,
03:11 there is no doubt that the Supreme Court has also made an interpretation
03:15 that in such a case, when the Governor gives concurrence to the Subahis Amlis,
03:21 and when he does not, then there is a difference in who decides.
03:25 But one thing is very clear,
03:28 you must have seen that when Qasim Suri's ruling came,
03:33 which nullified the vote of no confidence on the touchstone of Article 5,
03:39 and as a result, the Prime Minister dissolved the Assembly,
03:43 the President also approved it,
03:45 after that when that petition was filed,
03:48 I remember that when it was to be signed in the Supreme Court of Pakistan,
03:52 they had called the Chief Election Commissioner,
03:55 and before he was dismissed, he was asked to tell him
04:01 how long can the Election Commission hold elections.
04:06 So the Chief Election Commissioner told him that
04:12 since they have written to the Federal Government many times,
04:17 and the CCI meeting also requires that they notify the previous census,
04:23 and after that we will have to delimit the CCI meetings.
04:29 So when he said that it may take time,
04:32 the Supreme Court heard that and then called the political parties,
04:37 and you may remember that they had offered him that
04:43 all the assemblies have been dissolved,
04:46 and we decide whether they were resolved or not.
04:49 So if all the political party stakeholders agree that
04:54 the National Assembly elections should be held,
04:57 and you agree on that, and the Election Commission also sees its convenience,
05:02 so this effort was also made by the Supreme Court.
05:05 In that also the Election Commission raised the question of delimitation.
05:09 Now the question is that since under Article 51(5)
05:14 the recent census has been notified,
05:20 so it requires that when it is notified,
05:24 then the Election Commission has to delimit the National Assembly seats.
05:29 So I am saying that now you will not read it in isolation only under Article 48,
05:36 now you will read it by combining it with Article 51(5)
05:40 then you will get the same result.
05:42 One more big news, you have given your opinion on this matter,
05:47 today you must have seen the news in the newspapers,
05:49 that the Nigaran government has notified the Cabinet Committee on Legislation,
05:54 that the laws that have been passed recently will be reviewed,
05:58 and it will be seen whether the Parliament has passed the laws in a proper manner or not,
06:03 whether there can be any change in them or not,
06:05 you must have seen this news,
06:07 so tell me does the Nigaran government have the authority to review the legislation?
06:13 I think it does not have the authority at all.
06:16 The reason is that the Nigaran government's mandate,
06:20 their time frame,
06:22 they have to support the Election Commission in the election process,
06:27 and they have to run the day to day affairs so that there is continuity of the decision.
06:33 Yes, there have been some amendments in the laws,
06:37 in which they have been given some powers for continuity,
06:44 but overall, I don't think that they have a mandate to review the laws,
06:52 I think if they have done this, then it has something to do with the law.
06:57 Yes, they have done this, but the first question, the first test is of the Law Minister,
07:01 and I think the Law Minister has not given any legal advice to the Nigaran Prime Minister,
07:07 he should tell them that you do not have a mandate,
07:10 you cannot form this committee,
07:12 the Parliament is supreme,
07:14 the Parliament is the real representative of the Imam,
07:18 so how can you see the caretaker in this?
07:23 Mr. Chaudhary, you can ask questions to Mr. Shah Khawer,
07:26 and I will ask the rest to Mr. Hassan,
07:28 because the Nigran Prime Minister,
07:31 who was a minister, was praised by Mr. Hassan,
07:33 he is well educated,
07:35 and we will know where he is making a mistake,
07:37 Mr. Chaudhary, you can ask questions to Mr. Shah Khawer.
07:40 The simple question to Mr. Shah Khawer is that,
07:44 you have seen that two provinces have been without a government for a year,
07:51 now how many months and years will you keep the country without elections,
07:56 or is this a permanent route?
07:59 See, not at all, the data that is fixed in the constitution,
08:03 that which was not even in the provinces,
08:05 that has been completely reversed from the constitution,
08:08 but I will also say that the superior courts did not take any action on it,
08:13 see, the date that the Supreme Court of Pakistan had fixed on 14th May in Punjab,
08:19 and in KPK there was no date on it,
08:23 but the Supreme Court did not even try to act on it.
08:27 So I understand that the requirement of the constitution,
08:30 the constitution has to prevail,
08:32 and it is necessary to act on it,
08:34 but I personally think that if this process of delimitation is completed,
08:39 after that the period of the constitution of the caretaker,
08:43 cannot be gone beyond that at all,
08:46 after that when it will be gone, then it will be a direct violation of the constitution.