In a significant blow to Pakistan Tehreek-e-Insaf (PTI), the Supreme Court’s Constitutional Bench has ruled that the party is not entitled to reserved seats for women and minorities in the national and provincial assemblies, overturning its earlier decision.
Major Setback for PTI
On Friday, a 10-member Supreme Court Constitutional Bench, led by Justice Aminuddin Khan, accepted review petitions filed by the Pakistan Muslim League-Nawaz (PML-N), the Pakistan Peoples Party (PPP), and the Election Commission of Pakistan (ECP). The 7-5 majority ruling set aside the court’s July 12, 2024, verdict, which had previously declared PTI eligible for reserved seats. Instead, the bench restored the Peshawar High Court’s (PHC) decision, denying the Sunni Ittehad Council (SIC)—allied with PTI-backed independents—access to these seats.
The ruling, announced by Justice Aminuddin Khan alongside Justices Mussarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, Hashim Khan Kakar, Aamir Farooq, and Ali Baqar Najafi, dismissed PTI’s appeals. This decision reverses the earlier 8-5 majority verdict from July 2024, which had recognized 39 out of 80 Members of the National Assembly (MNAs) as PTI candidates and granted the party reserved seats.
Background of the Legal Battle
The controversy stems from the February 8, 2024, general elections, where PTI-backed candidates, forced to contest as independents after the ECP revoked the party’s cricket bat symbol, won 93 seats. These candidates joined the SIC to claim reserved seats for women and minorities, which are allocated proportionally based on general seats won. The ECP, however, denied the SIC these seats, citing the party’s failure to submit a candidate list by the January 24 deadline. The PHC upheld this decision, prompting the SIC to appeal to the Supreme Court.
The July 2024 ruling had favored PTI, declaring the ECP’s decision unconstitutional and affirming PTI’s status as a political party entitled to reserved seats. However, the recent review petitions challenged this, arguing that PTI-backed independents joining the SIC—a party that did not contest the elections—did not meet constitutional criteria for proportional representation.
Implications for Pakistan’s Parliament
This verdict is a significant setback for PTI, reducing its parliamentary strength and bolstering the ruling coalition led by Prime Minister Shehbaz Sharif. The reallocation of reserved seats to other parties, including PML-N and PPP, could shift the balance of power in the National Assembly, where a simple majority requires 169 out of 336 seats. Legal analysts suggest this ruling clarifies seat allocation rules but may deepen political tensions, given PTI’s strong electoral performance despite its challenges.
