A constitutional crisis has arisen due to the efforts of former Prime Minister Imran Khan to hold early elections. Bloomberg reported that the government is flouting a Supreme Court order to hold two provincial elections, raising concerns about the future of democracy.
Chief Justice Umar Atta Bandial is at the center of controversy after he set the dates for Punjab and Khyber Pakhtunkhwa (KP) elections, prompting Khan and his allies to dissolve the assemblies and call for early national voting. .
In response, the current government passed a bill to limit the Chief Justice’s powers to take suo motu notices, which allows the judge to act in the public interest. The bill is suspended after an eight-member panel of the Supreme Court intervened a week before it became law. This has set the stage for a showdown between Chief Justice Bandyal and the government, and a formal hearing is scheduled for May 2 to determine the bill’s constitutionality.
Adding another twist to the situation, the top judge directed the country’s central bank to allocate funds to the Election Commission of Pakistan (ECP) for conducting the elections, as the government refused to provide the necessary funds. was given Government officials have publicly expressed their displeasure with the court’s decision and announced that national elections will be held in October. According to Bloomberg, it is possible that Khan or his supporters may soon take legal action against the government.
“If the government violates the orders, it can be charged with contempt of court,” said Naeem Ahmad, a professor of international relations at the University of Karachi. “The country may be witnessing a growing constitutional crisis.”
What led Pakistan to reach this point?
Ever since Imran Khan was removed from the post of Prime Minister a year ago by a coalition of 13 political parties led by Prime Minister Shehbaz Sharif, the nation has been facing multiple problems. The coalition blamed mishandling of economic and foreign policies for Khan’s ouster.
The current prime minister is reluctant to call early elections and has instead preferred to revive the International Monetary Fund’s bailout package to stave off default. However, his efforts have not been well received, with a recent opinion poll showing that he and his party leaders are losing popularity as they push for challenging reforms to secure funding.
In contrast, Khan remains popular and draws large crowds to his rallies. The former cricketer is seeking early elections to show his support base as he faces court cases over terrorism and corruption charges, which he claims are politically motivated. Khan also survived an alleged assassination attempt, which left him injured in the leg.
What’s the election dispute?
In an attempt to trigger elections, the Pakistan Tehreek-e-Insaf (PTI) and its allies used their combined majority in Punjab and KP to dissolve the assemblies in January. According to the constitution, elections must be held within 90 days of dissolution. However, as the government appeared to be delaying the process, Chief Justice Bandyal intervened and constituted a bench of judges to hear the case.
A five-member Insaf panel, three in favor and two against, directed President Arif Alvi, a member of Khan’s party, to announce polling dates for the two provinces, set for April 9. was done However, the government said that due to the economic crisis there was insufficient funding for the elections and that it was necessary to focus on securing a loan from the IMF. As a result, the election watchdog postponed the polls to October 8, citing a lack of funds and an increase in terrorism.
How does the Supreme Court stand on this matter?
Following Khan’s appeal to postpone the elections, the Supreme Court was divided, and a nine-judge bench was constituted to hear the matter. Two judges recused themselves, while four others dismissed the case. Meanwhile, Chief Justice Bandyal and two other judges ruled that elections in Punjab should be held on May 14. However, the government demanded that a larger panel of judges hear the appeal, which the chief justice refused to do.
The Shahbaz administration was directed to provide Rs 21 billion to the election body for conducting elections by April 10. However, the government rejected the decision, saying it was a minority view, and referred the matter to Parliament. A separate appeal related to the elections in Khyber Pakhtunkhwa is being heard in the provincial court.
What’s next for the government?
The fate of the upcoming elections depends on the ruling coalition in Parliament. Recently, government lawmakers passed a non-binding motion blocking the Election Commission from funding and holding local elections in May.
Meanwhile, the PDM-led government presented a money bill in Parliament to allocate funds for the elections as ordered by the Supreme Court. However, the Bill was rejected by the Standing Committees of the Parliament.
Government officials, including Interior Minister Rana Sanaullah, have suggested the possibility of imposing emergency laws to delay the elections, citing fears of rising terrorism or an economic crisis. This has happened before, like in 2007, when the national vote was postponed after the assassination of then Prime Minister Benazir Bhutto.
What options does Imran Khan have?
The Election Commission is under pressure from Khan and his party to comply with the court order, and may take legal action against the government. Khan is expected to continue the protests and rallies, which could lead to violence, especially after the fasting period ends later this month.
With national elections expected in October, Khan appears to be trying to mend his relationship with the establishment. He is also trying to mend his relationship with the United States, which he withdrew from after being accused of collaborating to overthrow him.
