A five-member bench of the apex court headed by Chief Justice Umar Ata Bandial passed a unanimous decision declaring unconstitutional move of Deputy Speaker National Assembly to reject the no-confidence motion against Prime Minister Imran Khan, Court has rordrered to convene national assembly session on April 9 to vote on the no-confidence motion.

It may be recalled that the no-confidence motion filed by the opposition against Prime Minister Imran Khan on April 3 was rejected by the Deputy Speaker of the National Assembly as an external conspiracy under Article Five of the Constitution.

National assembly restored, Supreme court ordered voting on no-confidence
National assembly restored, Supreme court ordered voting on no-confidence

After the no-confidence motion was rejected as ‘unconstitutional’ and ‘against the rules’, President Arif Ali dissolved the National Assembly on the recommendation of the Prime Minister. The Chief Justice of the Supreme Court of Pakistan had taken suo motu notice of the constitutional and legal crisis that arose after this process.

After a four-day hearing, a five-member bench of the Supreme Court ruled in the case on Thursday evening.

Ahmed Bilal Mehboob, head of PLDAT, an election and parliamentary watchdog body in Pakistan, said the Supreme Court was the largest forum and that the government could now file a petition for maximum review of the decision on self-notice. Yes, but if the precedents of the past are taken into account, then the possibility of change in the request for review is very low.

But now the question arises, what effect can this decision have on the governance and political situation in Pakistan?

According to Advocate Salman Akram Raja, an expert on constitutional affairs, if the rolling of the Deputy Speaker was declared valid by the Supreme Court, then the whole system within the Parliament would be subject to the Speaker, the Speaker would become a dictator and the entire parliamentary system and Parliament. That very existence would be meaningless. ‘

“If the Speaker had the power to block the House from voting, it would have been a constitutional accident that would have shaken our constitutional system.”

According to Salman Akram Raja, after this decision of the Supreme Court, not only Prime Minister Imran Khan will be reinstated but also his cabinet will be restored and the matter will start again in the Parliament from where it was controversial ie Prime Minister Imran. There will be a no-confidence motion against Khan.

Although the chances are slim, if the opposition’s no-confidence motion against Imran Khan does not succeed, he will remain prime minister and it will be up to Imran Khan to decide whether to dissolve the assembly or leave the government. He should complete the constitutional term of one and a half years.

 

According to Salman Akram Raja, if the opposition wins the no-confidence motion, then Imran Khan will no longer be the Prime Minister and the House will elect a new Prime Minister or Leader of the House. It may be recalled that the Prime Ministerial candidate of the United Opposition is Shahbaz Sharif, the President of Pakistan Muslim League-Nawaz.

According to Salman Akram Raja, in case of a no-confidence vote, the newly elected interim Prime Minister will not be the caretaker Prime Minister with full powers but can be the Prime Minister for the remainder of the National Assembly. He should dissolve the assembly himself and announce early elections after consultation.

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