ISLAMABAD: The Pakistan Peoples Party (PPP) Senator, Raza Rabbani, argued before the Supreme Court it is not always necessary that a party that forms government at the Centre will also have a majority in the provinces. A five-member bench headed by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Yahya Afridi, on Friday heard a reference regarding holding of the Senate election either through a “secret ballot” or an “open ballot”.
Rabbani is appearing on behalf of the PPP; he has also challenged the Presidential Reference in his personal capacity.
He said if the strength of parties in the provincial assemblies through the proportional representation is not reflected in the Senate does not constitute “jamming of democracy”.
He said Article 70 of the Constitution provides answer or a way out if a legislation is blocked in the Houses.
The chief justice questioned: “if a party has two members in a provincial assembly, how it can claim to have eight seats in the Senate?”
The PPP senator argued that the proportional representation does not mean a political party which is strong in a province will have “a photocopy” strength in the Senate as well.
Justice Ijaz said it was the clear intention of the lawmakers that the strength of a political party in the provincial assembly will reflect in the Senate.
Rabbani said: “if that has to be construed in strictest sense then it is possible only through parties’ list,” adding that “if a party has 100 percent majority then it is possible that the provincial assembly strength will reflect in the Senate, but if it has 98 percent or 99 percent then it has to accommodate its allied parties.”
He said a party, which is in majority in one province, may also get Senate seats from a province where it is in a minority.
Justice Umar Ata Bandial asked: “why the political parties’ alliances are kept very secret across the board. If the political parties join hands then they should do it openly, rather than secretly.”
Rabbani replied that it is not right because political parties’ alliances are open and reported in the press.
He said secrecy is maintained when an individual seeks to become a member of the Senate.
Citing the Pakistan Tehreek-e-Insaf’s (PTI’s) position in the Punjab Assembly, he said it is in majority in that province. From Punjab, he added, the PTI has five seats in Senate, but it has fielded its candidates on four seats, while the candidate for the fifth seat is from its allied party – PML-Q – which has only 10 MPAs in the Punjab Assembly.
Rabbani contended that the proportional representation is a system, adding that “one type of proportional representation is in Article 51, which is filled through parties’ lists’, and the second is through a single transferable vote given in Article 59.”
The PPP senator argued: “the interests of both the Houses are different as the Lower House represents the majority party, which forms the government, while the Senate represents the federating units.”
Rabbani said each province is given equal representation irrespective of its size and the population in the Upper House and those who are considered weak and marginalised get representation in the Senate.
The Election Commission of Pakistan (ECP), as per a direction of the bench, filed the instructions for Senate Election 2021.
The case was adjourned until Monday.
Copyright Business Recorder, 2021
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