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CWA # 1401, 24 July 2024
Pakistan Reader
Pakistan: The decision to ban PTI

  Dhriti Mukherjee

What happened?
On 15 July, the government of Pakistan, led by the Pakistan Muslim League-Nawaz (PML-N) announced its decision to ban the Pakistan Tehreek-e-Insaf (PTI) and seek Article 6 proceedings against the PTI’s founder Imran Khan, former President Dr Arif Alvi, and former National Assembly (NA) deputy speaker Qasim Suri. Article 6 of the constitution corresponds to high treason. Pakistan’s Information Minister, Attaullah Tarar cited the “foreign funding case, 9 May riots, and the cipher episode as well as the resolution passed in the US” as reasons behind the ban. On the social media platform X, the PTI said that the decision would be “tantamount to uprooting the foundations of Pakistan and sending the country towards civil war.”

Following the announcement, the PML-N struggled to find strong support even from its allies, including its strongest coalition partner, the Pakistan People’s Party (PPP). The PPP clarified it had not been consulted on the matter; however, party senators warned that the decision could lead to political turmoil. Similar sentiments were voiced by other parties. An editorial in The News International stated that banning a party because it could not be defeated on ground “is not just vindictive but also patently self-defeating as a strategy.” Another editorial in Dawn said the government appeared “desperate and intimidated.” The decision was also criticised by the Human Rights Commission of Pakistan and the US State Department.

What is the background?
First, the Supreme Court’s decision on the PTI. On 12 July, an SC bench in a majority decision declared the PTI eligible to receive its share of reserved seats for women and non-Muslims in the NA and provincial assemblies, according to the number of general seats secured. All 13 members also declared it to be a parliamentary party. The decision set aside the 01 March Election Commission of Pakistan (ECP) decision and the 25 March Peshawar High Court (PHC) decision to deny reserved seats to the Sunni Ittehad Council (SIC) as “ultra vires of the Constitution.” Both the earlier decisions had denied the SIC and PTI-backed independents of reserved seats for failing to submit a “party list for reserved seats,” resulting in the seats being distributed among other parties. An editorial in Dawn stated that the SC undid a “historic injustice” by upholding that a denial of a symbol to a party does not affect its rights to function as a political entity. 

Second, the PTI emerging as the largest party in the NA. Following the implementation of the latest SC ruling, the PTI will become the largest party in the NA. After it gets its share of 22 reserved seats, the number of PTI lawmakers in the NA, including those who joined the SIC, will go from 92 to 114. The opposition’s total strength will surge from 103 to 125 after seats given to other political parties is added to the PTI’s. As a result, the ruling PML-N led coalition will lose its two-thirds majority in the house, which is a requirement for constitutional amendments. 

Third, the PML-N and PPP government’s efforts to keep the PTI down. The decision to ban the PTI is the latest in efforts taken by the PML-N and the PPP to try and suppress the PTI. According to the PTI, it was not given a “level playing field” during the elections, as multiple measures were taken to allegedly keep the party away from the polls. On 13 January, less than a month before the general elections, the SC set aside the PHC order that reinstated the “bat” as the PTI’s electoral symbol, forcing PTI candidates to contest as independents. It also deprived the party of its right to nominate members on reserved seats. The party then alleged widespread rigging during the polling process and irregularities in the results. Leaders accused the government of overwriting and changing form. In multiple places where PTI-backed independents were declared winners, the notification was withdrawn within a matter of hours, and a candidate from a party currently part of the coalition was declared as the winner. Additionally, the party has been complaining of hasty verdicts and unfair trials with regard to Khan.

What does it mean?
First, a stronger opposition. The PML-N led coalition will now face a stronger opposition, as the PTI can solidify its position in various legislatures. After being treated as a “defunct entity with seemingly no political rights,” the PTI has a stronger voice in the NA, and any constitutional amendments or laws that the ruling coalition thought of passing smoothly will now require the PTI’s support.

Second, political instability. If the PML-N goes ahead with its decision to try and ban the PTI, the ensuing political reactions could cause instability in a country that is already facing a range of economic challenges. Though the SC is unlikely to approve the ban, the announcement itself has already been viewed as a suppression of democracy. 

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