ISLAMABAD: The Supreme Court has clarified that the recent parliamentary amendment to the Elections Act did not have retrospective effect and cannot overturn the apex court’s earlier judgment on reserved seats.
The Supreme Court issued a second clarification in response to a request by the Election Commission of Pakistan (ECP).
In the two-page explanation, the court said that its judgment from July 12 remains valid and binding, despite the amendments made to the Elections Act after the court’s short order.
The ECP had sought guidance following the addition of Section 104A to the Elections Act, which introduced changes after the Supreme Court’s ruling.
However, the court held that these amendments do not affect its decision and reaffirmed that the election commission is bound to implement the original judgment.
Background
The controversy revolves around changes to the Elections Act, which parliament passed following the Supreme Court’s judgment on reserved seats in legislative assembly.
These seats are typically allocated to women and minorities, and the court’s decision had significant implications for how they are distributed. The amendments were introduced after the court’s ruling, sparking a legal debate over whether these changes could be applied retroactively to nullify the judgment.
The majority of judges clarified that, under Sections 166 and 104 of the Elections Act, the ECP had sought clarification, particularly regarding the introduction of Section 104A.
In response, PTI filed a cross-petition, arguing that the matter required interpretation. Nonetheless, the court upheld that its summary judgment could not be invalidated by subsequent amendments.
In the second clarification, the judges explained that their first explanation served as a bridge between the summary judgment and the detailed reasoning. They further stated that all questions raised had been answered in the detailed judgment, which must be applied in accordance with Article 189 of the Constitution, making the court’s rulings binding on all institutions, including the Election Commission.