Islamabad: Speaker of the National Assembly Raja Pervaiz Ashraf said Wednesday that the Supreme Court should “avoid getting involved in political thicket” as much as possible.
The speaker wrote the top judge about the court’s intrusion on the National Assembly’s ability to authorise Federal Consolidated Fund expenditures.
The government and Supreme Court are at odds over Punjab and Khyber Pakhtunkhwa assembly elections.
Before Eid al Fitr, the apex court requested parties to negotiate a date for the polls, but they haven’t yet.
In a meeting of the ruling allies earlier today. Prime Minister Shehbaz Sharif said a parliamentary committee would review the parameters of talks. Between the ruling alliance and the Pakistan Tehreek-e-Insaf (PTI) about holding nationwide elections on the same day.
In impassioned speeches today, ruling alliance legislators rejected talks with the opposition under coercion and reaffirmed trust in PM Shehbaz.
“It is best to leave resolution of political matters by parliament and the political parties,” the lower house speaker wrote.
Speaker Ashraf requested the apex court’s top justice and other judges to restrain themselves. As well as respect Parliament’s legislative domain in his letter.
Work Together
“We must work together to uphold the Constitution, protect democratic values, and work within our respective constitutional domains to ensure that confrontation between the organs of state avoided and the constitutional order is maintained,” he said.
He also expressed “profound concern and unease of the elected representatives of the people of Pakistan regarding some recent Supreme Court decisions and comments made by some Hon’ble Judges, as reported in media.”
He noted that the actions violate the National Assembly’s law-making and purse-power powers.
The speaker also noted that Article 73 of the Constitution gives the National Assembly exclusive power over the Money Bill, while Articles 79 to 85 give elected National Assembly members the power to approve Federal Consolidated Fund expenditures.
“Keeping in view these unambiguous constitutional provisions and division of powers and functions, I write to convey the profound concern and deep unease of the National Assembly with the orders passed by a 3-member Bench of the Supreme Court, on 14-04-2023 and 19-04-2023, directing the State Bank of Pakistan and Finance Division, Government of Pakistan to allocate/release Rs. 21 billion two the Election Commission of Pakistan,” he wrote.
Speaker Ashraf, a leading Pakistan Peoples Party official, noted that these instructions were issued notwithstanding the National Assembly’s ban.
Flaws in 3 member bench decision
Moreover, He argued the three-member Supreme Court bench ignored:
(i) National Assembly Resolution 06-04-2023 dismissing SMC No. 1/2023 and CPs No. 1 and 2 of 2023 by a 4-3 vote. Thus, CP No. 05/2023 was not maintainable, and the 04-04-2023 judgement has no legal impact;
(ii) On 10-04-2023, the National Assembly rejected the Charged Sums for General Elections (Provincial Assemblies of Punjab and Khyber Pakhtunkhwa) Bill, 2023, which sought to charge Rs21 billion from the Federal Consolidated Fund under Article 81(e) of the Constitution;
(iii) On 17-04-2023, the Standing Committee on Finance and Revenve of the National Assembly directed the Finance Division to seek prior approval of the National Assembly to avoid constitutional violation for this unauthorised expenditure, because the National Assembly would have rejected ex-post facto approval for Rs21 billion demand for supplementary grant as ether expenditure, keeping in view the foregoing position of the National Assembly.
“It is sadly noted that the 3-member Bench’s orders have completely disregarded the constitutional process. As well as the prerogative of the National Assembly with respect to financial matters,” he said.
Bend in Hurry?
He stated that the bench looked to be in a hurry giving extraordinary directives to the Federal Government to authorise the expenditure of Rs21 billion from the Federal Consolidated Fund and portray it as fait accompli to the National Assembly.
The letter stated that the ex-post facto rejection of this sum by the lower house, which would almost definitely happen, would make this approval, albeit on court orders, unlawful and lead to unfavourable outcomes for the federal government.
“The National Assembly notes with great concern that despite knowing the consequences and effects of such prior authorisation. Which will be rejected by the National Assembly when presented for ex-post facto approval. The 3-member Bench of the Supreme Court has threatened the Federal Government of ‘setious consequences’ for not authorising the expenditure of Rs21 billion,” the speaker said.
