ISLAMABAD: The constitution demands transparency in the electoral process, founders of the constitution hadn’t even think about selling their votes, Attorney General Khalid Javed resuming his arguments on the presidential reference in the Supreme Court said on Thursday.
A five-member bench of the apex court headed by Chief Justice Gulzar Ahmed hearing the presidential reference seeking the court’s advice over open ballot in the upcoming Senate election.
“If someone will be expelled from the party in open ballot, the person could challenge the issue in court, saying why he was punished,” Attorney General argued.
“Open ballot is the first step, while in the next step the party heads will become accountable,” AG Khalid Javed said.
“It seems open ballot clause was not added to the 18th constitutional amendment deliberately,” Justice Umar Ata Bandial remarked. “Probably the 18th amendment proponents were lacking political will,” the attorney general said.
“The Senate stabilizes the parliamentary system. The National Assembly undergoes political storms, while not the Senate,” Justice Bandial observed.
“If someone having courage to stand as per his or her conscience, should come in open,” the top state lawyer said. “A person should not be disqualified if he or she votes against the party line,” AG argued.
“Why the upper house is necessary, present your arguments,” Chief Justice Gulzar Ahmed said.
“The provinces have equal representation in the senate,” Justice Ijazul Ahsan observed.
“The Assembly is the house of people and the Senate of the federation,” Khalid Javed said.
The court adjourned further proceedings of the case till the next Monday.
The presidential reference was submitted by Attorney General of Pakistan Khalid Javed Khan after approved by President Arif Alvi under Article 186 of the Constitution.