Last week the Ministry of Parliamentary Affairs had forwarded the summary to convene the first session of the newly elected National Assembly to the President Arif Alvi, who had refused to sign it.
The head of the state took the plea that as the process of electing members on special reserved seats by one party is still underway and the house is yet incomplete, so the session of the unfinished assembly could not be called.
Though the Speaker has convened the session of the new National Assembly on 29th February but the legal experts are saying that the consent of the President is necessary in the matter.
According to the constitution it is mandatory that a session of the assembly should be convened within 21 days after holding the elections. Now, the legal experts have divided into two groups, which have different opinions on the matter. One group has the viewpoint that if the President would not sign the summary within the prescribed time limit given in the constitution, then the assembly session would be held automatically.
Though the constitution provides the solution of the problems in ideal situations only, it is silent, in case the matter would go against it.
During the last three months, some extraordinary questions have been raised so frequently regarding constitutional matters.
The new condition that arose on a daily basis to untie the constitutional knots can be termed as the result of innovation and democratic evolution of our system.
This is the same kind of situation, which stood in front of the nation before elections that the constitution mentioned that the holding of elections within 90 days after dissolving the assemblies is must but in case of delay. the constitution is quiet. At that time the politicians, legal experts and analysts were also divided into parts. The political leaders have adopted the point of view according to their own will. Even the caretaker Prime Minister Anwar-ul-Haq Kakar had presented his assessment that according to the article of 254, any delay in the constitutional matter will not be treated as unconstitutional.
However, the matter of holding an election was resolved by taking it to the Supreme Court. It seems that it is very much likely that the matter of calling an assembly session may also be taken to the apex court as well.
If things would have been moved according to the constitution, then the President had not been found any point for not signing the summary for convening the first assembly session. When things are lingering on, it always creates ambiguity.
Though the people think that the reason for not convening assembly is the same which was behind not administering the oath from the PDM led government in the past by the President.
The important question is why such a situation has surfaced in the political scenario of the country. Why the Election Commission could not decide about the reserved seat of one party so far. The ECP should take its decision regarding the special reserved seats of all the parties simultaneously. It is the right of every party to get the share of special reserved seats according to their proportionate representation in the house.
But the Election Commission should decide first the matter of reserve seats of one party in the national assembly.