Constitutional supremacy is one of the very important essentials for a democratic state and proper obedience of its provisions is necessary for smooth functioning of organs, which were contravened by Imran Khan and his administrators in the government. I am not giving voice to PTI’s performance during its tenure but I am highlighting some egoistic mistakes which have left the country in constitutional crisis.As he usually says “I will play till the last ball”.
Democracy is best form of government in any state which considers constitution as the supreme document of country but in Pakistan constitution is violated several times. Similarly, Imran Khan did while he was in power and even after being de-seated.
When vote of no-confidence was moved in the Assembly the Speaker and Deputy Speaker of his party became impartial, Qasim Suri in the name of foreign conspiracy and on the grounds of Article 5(1) which is about loyalty to the state over-ruled the ruling. So, if PTI follows Article 5(1) then why don’t PTI focus on second clause of the same Article [5(2)] which is about obedience to the constitution? After the over-ruling of motion President on the advice of Prime Minister Imran Khan dissolved the Assembly. Is it constitutional to dissolve the Assembly instead of voting while there is motion of vote of no-confidence against the Prime Minister? No, it is not as per article 95 of the Constitution of Pakistan there must be voting on vote of no-confidence not before three days or later than seven days.
Moreover, another constitutional question arose by resignation of Usman Buzdar as Chief Minister of Punjab he addressed his resignation to the Prime Minister however constitutionally under Article 130(8) he had to address his resignation to the hand of Governor and recently Governor of Punjab who belonged to PTI claimed that resignation as invalid. So, didn’t he know at that time? Of course he was aware of it but he just created another constitutional crisis only to hinder Shehbaz Sharif’s government.
Similarly, even after Hamza Shehbaz got majority of votes in the provincial assembly of Punjab Governor Omer Sarfraz Cheema didn’t took oath of Hamza Shahbaz as the Chief Minister of Punjab even after the direction of Lahore High Court which can be considered as misuse of his immunities. On the other hand, when the Prime Minister Shehbaz Sharif advised the President to de-notify Omer Sarfraz Cheema he rejected the advice on the ground of Article 101(3) which says that, “the governor shall hold office during the pleasure of the president”. So, what about Article 48 which says that, “President has to act in accordance with the advice of the cabinet or the prime minister”. Apart from article 101(3) president is bound to obey the advices of prime minister as per schedule V-B of the rules of business 1973.
We all know Pakistan is not politically stable and for other stabilities like economic political stability is very significant. We can only hope that Pakistan becomes a democratic state in a proper manner and for that these constitutional crisis must be stopped.