ISLAMABAD: PPP Chairman Bilawal Bhutto-Zardari has called for the immediate announcement of the election date after the events that took place over the weekend, an apparent reference to the return of PML-N supremo Nawaz Sharif.
“Given the events we witnessed over the weekend, I trust there shall be no further delay [in the announcement of the general elections’ date],” the PPP leader said while hinting at the return of PML-N supremo Nawaz Sharif from London after four years.
He was addressing the golden jubilee celebration of the 1973 Constitution organised by the Supreme Court Bar Association (SCBA) on Monday.
“Elections delayed are elections denied,” Mr Bhutto-Zardari said and called upon the Election Commission of Pakistan (ECP) to fulfil its legal and constitutional obligation by announcing the date before another institution orders it to do so.
Says ECP should issue schedule, not wait for SC order; regrets how judiciary became ‘partisan actor’ in the run-up to ’13 and ’18 elections
This was an apparent reference to the Supreme Court, which is hearing the case of holding elections within the constitutional timeline of 90 days. The PPP has been demanding the date for elections since the National Assembly was dissolved, he said, adding that his viewpoint on holding elections in 90 days “has now become moot”.
Mr Bhutto-Zardari said the aim was to reach a consensus on election dates not only in Punjab and KP but also in general elections. “Unfortunately, the events of May 9 stymied these efforts, and today, we find ourselves where we are.”
The PPP leader called manipulation in elections a “great challenge,” adding that it leads to political instability.
“Indeed, manipulated power transfer lies at the root of political instability, and the election schedule must be announced immediately, and a level playing field be ensured for all political parties.”
‘Democracy under threat’
Criticising the role of the judiciary in the past, the PPP chairman said when dictators abrogated the Constitution, the judiciary upheld the move sometimes in the name of the doctrine of successful revolution and sometimes in the name of the doctrine of necessity.
He, however, pointed out that democracy was “under threat” and the nation was looking towards the judiciary. “It is important to safeguard the Constitution and relentlessly pursue those who have subverted it,” the PPP chairman said. He claimed that the judiciary became a “partisan actor” in the run-up to the 2013 and 2018 elections “with clear favourites in the elections”. “It is hoped that this time it will be different.”
Judicial accountability
While recalling the tenure of former chief justice Iftikhar Chaudhary, he said the nation witnessed unprecedented judicial activism after 2009.
“The former chief justice has declared that not the parliament but the Constitution was supreme and the Constitution was what the judges said it was; neither what it actually said nor what the founders said but what he said.”
“We value the independence of the judiciary … it is a cardinal principle of a democratic society. However, I sometimes feel the independence of the judiciary has been taken too far,” Mr Bhutto-Zardari added.
The PPP chairman said that the independence of the judiciary should not mean “independence from accountability”.
He hoped that while interpreting the Constitution, the judiciary would expand the powers of all democratic institutions, not merely its own.
“We have, however, witnessed that in interpreting the Constitution in the past, the judiciary has enhanced only its own power and undermined that of other institutions.”
PPP Chairman said the procedure for the appointment of judges also needs to be reviewed as under the present system, the president, PM, and parliament “have all become a rubber stamp”.
“This does not augur well for the image of our judiciary.”
Similarly, the contempt law must also be revisited as respect for judges must be inspired by their judgements and conduct and not by the fear of law, he said.
Published in Dawn, October 24th, 2023
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