Presidential ordinance disrespects Parliament, according to Faiz Isa
On Thursday 20th of June 2024, Pakistan’s Chief Justice Qazi Faez Isa said during Supreme Court hearings that the House needs to be suspended if a presidential ordinance is to be given since doing so is disrespectful to Parliament.
In addition, the attorney for the Election Commission of Pakistan (ECP) responded by pointing out that the Constitution does allow for the issuing of ordinances. The attorney for the Electoral Commission said that the commission is authorized by {Article-219(c)} of the Constitution to constitute tribunals throughout the Supreme Court session on the Election Commission of Pakistan (ECP) appeal over the establishment of 8th electoral tribunals.
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On the 14th of February, the commission sent letters to all high courts requesting lists of judges who would be appointed to tribunals. On the 20th of February, the justices were designated as members of the election panel after the Lahore High Court submitted 2-names. 2 further judges were selected on the 26th of April. There were no disagreements over the creation of the 4 tribunals.
On the other hand, a top judge criticized Pakistan’s propensity to make things difficult and questioned why the top Election Commissioner and the chief justice of a high court did not have time to address concerns. He mentioned that the president and the Election Commission of Pakistan (ECP) had also disagreed on the timing of the elections. The Chief Election Commissioner and the Chief Justice might have settled the issue directly, the Chief Justice stated.
The tribunal procedures at the Balochistan High Court were almost finished, Justice Naeem Akhtar Afghan observed, but there were disagreements mainly with the Lahore High Court.
Additionally, in the course of the hearing, Chief Justice Qazi Faiz interfered to make it clear that the term “honorable” ought to be meant for judges. He additionally asked why Parliament is not accorded the same level of respect, drawing attention to the absence of regard among members of Parliament.
The Constitution expressly gives the Election Commission of Pakistan (ECP) the power to establish electoral tribunals under (Article 219 Section C), as Pakistan’s Chief Justice Qazi Faez Isa emphasized. He said that since the Constitution and the law form the foundation of their commitment, judicial readings shouldn’t be allowed to dirty the waters.