Supreme Court Reiterates Amendment to Elections Act Cannot Override Reserved Seats Judgment

Islamabad—The Supreme Court of Pakistan has reaffirmed that recent amendments to the Elections Act, 2017, passed by parliament, do not have retrospective effect and cannot overturn the court’s ruling on the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI). The clarification was issued following separate requests by the Election Commission of Pakistan (ECP) and PTI seeking clarity on the court’s earlier decision.

In its July 12 ruling, the Supreme Court declared that PTI remains eligible for the allocation of seats reserved for women and minorities, despite political upheaval. However, a subsequent amendment to the Elections Act prompted the ECP to approach the court for further guidance on implementing the verdict.

In its latest response, the apex court reiterated that the request for clarification was “misconceived” and directed the ECP to proceed with implementing the original judgment. The court emphasized that legislative amendments cannot retroactively undo its decisions.

On September 23, the Supreme Court issued a detailed verdict, reaffirming PTI’s status as a parliamentary party. The judgment stated that 39 out of 80 PTI MNAs still officially belong to the party, while the remaining 41 have the option to resubmit their affiliations.

Despite the court’s instructions and detailed verdict, the ECP has yet to allocate the reserved seats to PTI, prolonging uncertainty in the political landscape.