EVER since Pakistan Tehreek-i-Insaf (PTI) lawmakers handed in their resignations from the lower house of parliament, the National Assembly has been devoid of any real opposition, save for a handful of legislators not aligned with the ruling coalition.

In the months since their exit from parliament, PTI has filed several petitions before various courts. At first, they wanted all resignations accepted in one go, figuring this would trigger the dissolution of the assembly.

However, Raja Pervaiz Ashraf’s staggered strategy of accepting resignations also did not sit well with the party, which challenged subsequently the speaker’s piecemeal approach, albeit without much success.

Then, earlier this year, the party decided to change tact and assailed the acceptance of their resignations — and their de-notification by the Election Com­mission of Pakis­tan — before various high courts.

Both the Lahore and Sindh high courts, subsequently, suspended the ECP orders de-notifying them as members of the National Asse­mbly, giving the erstwhile PTI lawmakers hope that they could make a return to the lower house.

PTI Vice Chairman Shah Meh­mood Qureshi, who is currently leading his party’s delegation in talks with the government, told Dawn after a recent sitting that discussing the party’s return to the National Assembly was not currently on the agenda for the talks.

However, he insisted that there was no legal or constitutional hurdle to their return, claiming: “resignations of PTI MNAs have so far not been accepted and the court has already given a stay order on that”.

But at least two such attempts have been foiled by the National Assembly thus far – just last week, a group of PTI MNAs from Karachi attempted to enter Parliament House to attend a session, but were prevented from doing so.

Speaker Ashraf has gone on the record as saying that while the courts have suspended the ECP’s orders, they have not touched the speaker’s decision. Therefore, within parliament — which is the domain of the speaker — these PTI members are still deemed “strangers in the house”.

“The situation has become so complex that it has become nearly impossible for the PTI to rejoin the NA, former Senate chairman and constitutional expert, Raza Rabbani told Dawn.

Saying that he sees no obvious legal and constitutional pathway for the PTI’s return to the lower house, Mr Rabbani said that the NA speaker would have to undo his decision on their resignations and the ECP would have to withdraw its de-notification orders to lay the ground for a PTI return to parliament.

But after making such a big deal of their exit from the assemblies, why would the PTI want to return to parliament?

Firstly, because that is what the courts have repeatedly asked the party to do. During hearings of the challenge instituted by PTI chief Imran Khan to fresh amendments in the accountability law, members of the bench repeatedly told the party that the legislature was the correct forum if they indeed wanted to change the law.

The chief justice’s more recent statements regarding the formation of a political consensus on the election date and securing funding for the electoral exercise also seem to be pushing the party towards a legislative role. Indeed, the current assembly has turned down requests for election funding at least three times now, and that too with an overwhelming majority.

Secondly, there is the coveted post of leader of the opposition in the National Assembly. Currently occupied by PTI ‘dissident’ Raja Riaz, the opposition leader enjoys a great deal of clout within the government.

On the house floor, for example, there is a convention that the opposition leader must be given the floor whenever they ask for it. This makes it very difficult for the government to ‘shut down’ criticism from the opposition, and has been used to great effect by previous opposition leaders.

In addition, the opposition leader must be consulted by the prime minister on appointments to key constitutional positions, such as the chairman of the National Accountability Bureau or the chief election commissioner, and even the selection of an interim caretaker set-up.

This is what makes the position so useful for any opposition party, and the PTI is cognizant of this. The party has even approached the courts, seeking directions for the removal of Raja Riaz as the incumbent opposition leader.

Ahmed Bilal Mehboob of the Pakistan Institute of Legislative Development and Transparency (Pildat) told Dawn that while there was a possibility of PTI making a return to the NA, it would require a “broader package”.

“It is possible and desirable that PTI MNAs return to the National Assembly, but this will most likely be part of a broader package, like an agreement on holding elections in October or November 2023.

While allowing the opposition party to return may make the government side look good, it would reflect poorly on the judgment of the PTI leadership.

The party has wasted a full year and it would now look selfish to return, if only to influence the appointment of the caretaker government, Mr Mehboob said.

Ironically, then, the PTI negotiating team may have to broaden its horizons from the single-point agenda of elections in order to pave way for holding those elections.

Talking to Dawn, Shah Mehmood Qureshi said that both sides have shown willingness in breaking the political impasse and now the PTI was going to examine the government’s proposals. “It is possible that the option of PTI returning to the NA would have been included in the government’s offer,” he said, but in the same breath insisted that this was, right now, a secondary issue for them.

Published in Dawn, May 1st, 2023