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What is the procedure for banning a political party in Pakistan?

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What is the procedure for banning a political party in Pakistan?
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      The procedure for banning a political party in Pakistan is primarily governed by the Constitution of Pakistan (specifically Article 17, which guarantees the right to form associations and political parties, subject to reasonable restrictions) and the Election Act, 2017. Here's a breakdown of the typRead more

      The procedure for banning a political party in Pakistan is primarily governed by the Constitution of Pakistan (specifically Article 17, which guarantees the right to form associations and political parties, subject to reasonable restrictions) and the Election Act, 2017.

      Here’s a breakdown of the typical procedure:

      1. Grounds for a Ban: A political party can be banned if it is deemed to be operating in a manner “prejudicial to the sovereignty or integrity of Pakistan.” This can include:
        • Propagating opinions or acting in a manner prejudicial to the fundamental principles enshrined in the Constitution.
        • Undermining the sovereignty or integrity of Pakistan, public order, or public morality.
        • Indulging in terrorism.
        • Promoting sectarian, regional, or provincial hatred or animosity.
        • Being a “foreign-aided party” (meaning it has been formed or organized at the instance of a foreign government or political party, or receives aid/funds from foreign sources).
      2. Federal Government’s Role:
        • The Federal Government is empowered to make a declaration that a political party is operating in a manner prejudicial to the sovereignty or integrity of Pakistan.
        • This declaration would typically be approved by the Federal Cabinet.
      3. Reference to the Supreme Court:
        • Once the Federal Government makes such a declaration, it must refer the matter to the Supreme Court of Pakistan within 15 days. This is a crucial legal safeguard, as the government cannot unilaterally ban a party.
        • The Supreme Court then has the ultimate authority to affirm or set aside the government’s declaration.
      4. Supreme Court’s Decision:
        • The Supreme Court conducts a judicial review of the government’s declaration and the evidence presented.
        • If the Supreme Court affirms the Federal Government’s declaration, then the political party stands dissolved.
        • If the Supreme Court rejects the declaration, the party cannot be banned on those grounds.

      Key Legal Considerations and Realities:

      • Fundamental Right: The right to form a political party is a fundamental right under Article 17 of the Constitution. Therefore, any ban is subject to strict judicial scrutiny.
      • High Bar for Proof: Historically, it has been challenging for governments to successfully ban a major political party through the Supreme Court. The burden of proof to demonstrate that a party’s activities genuinely threaten national sovereignty or integrity is high.
      • Political Motivation: While the legal framework exists, attempts to ban political parties in Pakistan have often been viewed through a lens of political motivation, especially when targeting popular opposition parties. This can lead to accusations of targeting political rivals rather than genuine threats to the state.
      • Electoral Commission’s Role (Indirectly): While the Election Commission of Pakistan (ECP) doesn’t directly ban parties in the same way the Supreme Court does, it plays a critical role in regulating political parties. For example, the ECP can take actions like:
        • Stripping a party of its election symbol: This happened to PTI recently for not holding intra-party elections to the ECP’s satisfaction. While not a direct ban, it severely hinders a party’s ability to contest elections effectively, especially in a country with high illiteracy rates where symbols are crucial for voter identification.
        • Deregistering a party: If a party fails to comply with certain requirements of the Election Act, such as submitting audited accounts or holding intra-party elections as per its constitution, the ECP can initiate proceedings for deregistration.

      In summary, the formal procedure for a direct ban requires a declaration by the Federal Government, followed by its affirmation by the Supreme Court. However, governments in Pakistan have also used other regulatory and legal means, such as the ECP’s powers regarding party registration and symbols, to effectively cripple or marginalize political parties.

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