ISLAMABAD- Supreme Court (SC) has rejected petition filed against the existing electoral system remarking that under the powers delegated to the institutions as per constitution directives cannot be issued to parliamentary committee to change the existing system thoroughly.
Justice Jawwad S Khawaja has remarked “the same democracy is enshrined in 1973 constitution which is in place at present. Personally he does not accept the present electoral system but how can he impose his personal opinion on law making institution. Parliamentary committee is answerable to the house only. Different systems are in force in the world. Three systems among them are very vital. Representation through votes, proportionate representation and representation without polls are included in these systems.”
He further remarked “ Individually I can say representatives of majority don’t go to the parliament but we cannot impose it on any one. Such system is in vogue in every country including US and Korea. They call it democracy. Legislation is always enacted by keeping in view the prevailing circumstances. The word democracy is there in the constitution, foreword and election laws.”
He observed “several people are of the view that SC is authorized to do everything. This impression is absolutely wrong as there are also limits for us. SC has to give decision as per law and constitution. This is a good thing that election laws should be implemented as per their spirit.” He gave these remarks while presiding over 3-member bench of SC during the course of hearing of the case Wednesday.
One Rahi, a lawyer had filed appeal plea against high court decision whereby he had prayed the court the existing electoral system is not system of majority. Therefore, the court not only can issue directives to parliamentary committee but also can order it that modifications be made in the existing electoral system in a way that it could prove to be system of majority of people. The fine amounting to Rs 10000 be revoked.
The court dismissed the petition, revoked the fine but refused to issue directives to parliamentary committee.