PML-N challenges ordinance fixing time for taking oath

Published October 1, 2021
A file photo of the Supreme Court of Pakistan. — AFP/File
A file photo of the Supreme Court of Pakistan. — AFP/File

ISLAMABAD: The Pakistan Muslim League-Nawaz (PML-N) on Thursday challenged the presidential ordinance that fixed a deadline of 60 days for elected members to take the oath.

The PML-N, through its parliamentary party leader in the Senate Azam Nazeer Tarar, filed a petition in the Islamabad High Court against the Elections (Third Amendment) Ordinance, 2021, seeking to require elected members to take the oath within 60 days of commencement of the first sitting of their respective legislature.

The petition said the opposition party was aggrieved by the mala fide and person-specific legislation promulgated by the Ministry of Law and Justice to target the PML-N.

The petition stated that President Arif Alvi HAD on Sept 1 signed the ordinance to amend Section 72 of the Elections Act by adding proviso 72A, which states: “Seat becoming vacant on not making oath within 60 days, the seat of a returned candidate shall become vacant, if he willfully does not make an oath within 60 days from the date of first sitting of the National Assembly, Senate, Provincial Assembly or Local Government or within 40 days of the promulgation of this Ordinance as the case may be.”

Tells SC it’s a person-specific legislation promulgated to target the party

The petition went on to state: “While the next general elections are to be held until the year 2023, and the next Senate elections are not to be held until 2024, the impugned ordinance was passed less than a month after the National Assembly was prorogued on August 12, 2021. As such, it represents one piece of legislation in a broader pattern of using ordinances to circumvent the constitutionally mandated, democratic legislative process in parliament.”

It pointed out that prior to the promulgation of the ordinance, the National Assembly had already passed a bill titled Elections Amendment Act, 2020, which was also laid before the Senate for its consideration, adding that the bill is currently before the Senate Standing Committee on Parliamentary Affairs. Clause 25 of the bill seeks to insert Section 72A to the Elections Act, which is almost identical, in language, to the impugned ordinance. The impugned ordinance has been promulgated while the bill is under consideration by the Senate.

The petition referred to the Supreme Court’s judgement which states: “While courts are ordinarily wary of interfering in legislative actions, the Supreme Court has held that where a pre-requisite for the exercise of power has been provided in the relevant constitutional provision, the court may inquire into whether or not it has been fulfilled.”

The petition requested the court to set aside the ordinance.

Published in Dawn, October 1st, 2021

Opinion

Editorial

Larijani’s killing
Updated 19 Mar, 2026

Larijani’s killing

The late Larijani was one of the most powerful men in Iran — a thinker and a soldier.
War’s hunger toll
19 Mar, 2026

War’s hunger toll

THE conflict between the US, Israel and Iran continues to widen with far-reaching repercussions.The UN’s World ...
Let them in
Updated 19 Mar, 2026

Let them in

THE government need not be so difficult. Former prime minister Imran Khan’s sons, Kasim and Sulaiman, have not ...
Exit strategy
Updated 18 Mar, 2026

Exit strategy

MOST members of the international community, particularly states in the greater Middle East, are gravely concerned...
Unsafe trains
18 Mar, 2026

Unsafe trains

SUNDAY’S accident involving the Shalimar Express has once again brought into sharp focus the deep structural and...
Disappointment in Dhaka
18 Mar, 2026

Disappointment in Dhaka

FOR a side looking for lift-off after a disappointing T20 World Cup, it was despair for Shaheen Shah Afridi’s ...