On July 12, 2024, the Supreme Court declared that the Pakistan Tehreek-e-Insaf (PTI) is recognized as a political party according to Articles 51(d) and 106 of the Constitution. This recognition entitles PTI to reserved seats in the national and provincial assemblies.
Historical Context of Reserved Seats
Colonial Origins
The concept of reserved seats for minorities and women dates back to colonial times. These seats were established to protect marginalized communities, including religious minorities, women, and depressed classes. The Government of India Act, 1935, was one of the first to reserve seats for women and minorities in federal and provincial assemblies.
Post-Independence Developments
Post-independence, both the 1956 and 1962 Constitutions of Pakistan continued this practice. The 1956 Constitution reserved ten seats for women for ten years, while the 1962 Constitution allocated four seats for women out of 218 National Assembly members.
Evolution of Reserved Seats in Pakistan
The 1973 Constitution
The 1973 Constitution originally reserved ten seats for women and additional seats for minorities. These seats were allocated to provinces, with the National Assembly acting as the electoral college.
Subsequent Amendments
The 4th Amendment in 1975 increased the number of reserved seats. The 1985 revival of the Constitution further expanded these provisions, introducing a proportional representation system for these seats.
Legal Framework Order 2002
The Legal Framework Order 2002 significantly altered Articles 51 and 106, reserving 60 seats for women and 10 for minorities in the National Assembly. These changes allowed for the proportional representation of political parties based on the number of general seats won.
Recent Constitutional Amendments
The 17th Amendment removed the requirement for a political party to win at least 5% of total seats to be eligible for reserved seats. This change allowed even newly formed or smaller parties to gain representation if independent members joined them.
Current Scenario and Analysis
Impact on Women’s Representation
The reserved seats for women have increased from 10 in 1973 to 60 in 2002. However, these seats are filled through indirect elections, often leading to a lack of true representation and promoting nepotism. Members elected on reserved seats frequently lack an independent voice.
Underrepresentation of Non-Muslims
Reserved seats for non-Muslims have remained almost constant at 10 over the past 50 years. This has led to their continued underrepresentation in assemblies and government, undermining the constitutional promise of safeguarding minorities’ interests.
Constitutional Provisions and Their Interpretation
The constitutional provisions for reserved seats should aim to enhance the representative character of assemblies. Indirect elections through proportional representation should ensure that assemblies reflect the will of the people without compromising the Constitution’s basic features.
The noble intention behind reserved seats was to protect marginalized groups. However, these seats have become tools for power manipulation. To foster a true democratic polity, Pakistan needs to ensure adequate representation for all minorities and women. This requires a critical re-evaluation of current practices and amendments to promote fair representation in government bodies.
For more news and information Pak News Affairs
