ISLAMABAD: Federal Law Minister Azam Nazeer Tarar emphasised on Monday that parliamentary legislation supersedes Supreme Court decisions, particularly regarding the integration of independent candidates into political parties.
Speaking at a press conference in Islamabad on Monday, Tarar stated, “Parliament’s right to legislate is paramount. The recent court decision presents some ambiguities, but it is clear that legislation is the domain of parliament.”
He further clarified that the process of an independent candidate joining a political party is “irrevocable” and that “the law clearly mandates that independent candidates must join a party within three days.” He acknowledged some confusion around this issue, which he believes will be addressed in a review appeal.
Commenting on a recent ruling by the Peshawar High Court, which upheld the Election Commission of Pakistan’s (ECP) decision by a five-to-zero majority, Tarar noted that the Pakistan Tehreek-e-Insaf (PTI) was not a party in the Election Commission, Peshawar High Court, or Supreme Court proceedings. “The Election Commission is a constitutional body, and once an independent candidate joins a party, their loyalty cannot be changed,” he added.
Tarar expressed concern over the tone used in the dissenting notes of some judges, stating, “All judges are honourable, and such harsh language was unnecessary.” He also pointed out that recent parliamentary legislation was not considered in the court’s detailed judgement, despite parliament’s exclusive right to legislate.
Addressing the ongoing delay in the issuance of notifications by the Election Commission, Tarar highlighted, “The case regarding reserved seats was brought by Sunni Ittehad Council, not PTI. If all parties had been heard, this confusion could have been avoided.”
