Bill barring independents from joining parties passed by Senate

ISLAMABAD: After the National Assembly, the Senate of Pakistan also passed a bill barring independent legislators from joining a party after a stipulated time, ARY News reported.

Pakistan Muslim League-Nawaz’s (PML-N) Senator Talal Chaudhry presented a private bill ‘The Elections (Second Amendment) Act, 2024’ amid protest by the Pakistan Tehreek-e-Insaf (PTI).

The bill is perceived by political analysts and legal experts as an attempt by the government to avert the July 12 verdict of the Supreme Court, declaring the PTI eligible for reserved seats.

According to the bill, lawmakers cannot change the party after joining one within three days of winning the election. Furthermore, reserved seats cannot be allotted to a party, that did not win a single seat in the election.

“Provided that if a candidate, before seeking allotment of a prescribed symbol, has not filed a declaration before the returning officer about his affiliation with a particular political party by submitting a party certificate from the political party confirming that he is that party’s candidate, he shall be deemed to be considered as an independent candidate and not a candidate of any political party,” the bill’s text read.

Read More: PTI to challenge election law amend in SC: Barrister Gohar

Speaking on the occasion, Law Minister Azam Nazeer Tarar said that the authority to legislate rests with Parliament. “A group of 17 individuals cannot be allowed to legislate,” he added.

The law minister also criticised the previous PTI-led government, saying that they passed 51 bills in a single day during their tenure, and now they question others’ legislative efforts.

“Everyone knows how legislation was done during PTI’s tenure,” Azam Nazeer Tarar added.

Earlier in the day, the National Assembly also passed the bill moved by PML-N’s lawmaker Bilal Azhar Kiyani who presented the bill as a private member.

After passage from the Senate, the bill will be enacted soon after assent by President Asif Ali Zardari.

‘Govt intends to override SC decision’

Legal expert Abid Zuberi, commenting on the move, said that after the Supreme Court’s decision over reserved seats in favour of the Pakistan Tehreek-e-Insaf PTI and Sunni Ittehad Council, the government intends to amend the law to override the court’s decision.

He said the amendment in the law will be for the future. “If the law flouts the constitution, it could be challenged in the court”, he said.

Read more: PTI reserved seats: ECP decides to implement SC verdict

It is pertinent to mention here that the legislation was done aftermath of the Supreme Court’s decision declaring the Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats.

A 13-member bench of the top court, headed by Chief Justice Qazi Faez Isa, ruled that the PTI is eligible for the allocation of reserved seats, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition.

Justice Mansoor Ali Shah announced the 8-5 majority verdict, setting aside the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the SIC.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, Justice Yahya Afridi, and Justice Ameenuddin Khan opposed the majority decision.