1988 SCMR 1986

BENAZIR BHUTTO Versus FEDERATION OF PAKISTAN

Citation1988 SCMR 1986

CourtSupreme Court of Pakistan

Case No.Constitutional Petition No.2‑R of 1988

Date1988-10-02

Judge(s)Muhammad Haleem, C.J., Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Javid Iqbal, Ghulam Mujaddid Mirza, Saad Saood Jan, S. Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin

Authored byMuhammad Haleem

ResultPetition allowed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition, filed under Article 184(3) of the Constitution of Pakistan 1973, challenged the restrictions placed on political parties regarding their participation in the general elections scheduled for November 16, 1988. The core legal question was whether statutory amendments that effectively excluded political parties from the electoral process, particularly regarding the allocation of election symbols, violated the fundamental right of association guaranteed by the Constitution. The Supreme Court allowed the petition, holding that Section 21 of the Representation of the People Act, 1976, as amended by the Representation of the People (Amendment) Ordinances of 1985, was unconstitutional to the extent that it failed to recognize the participation of political parties in elections. The Court declared that every political party is eligible to participate in National and Provincial Assembly elections and is entitled to the allocation of election symbols under the existing election rules. The judgment affirms the principle that legislative measures cannot infringe upon the fundamental right to form and operate political parties by denying them a meaningful role in the electoral process.

Questions settled in this judgment

Does the exclusion of political parties from the electoral process violate the fundamental right of association?
Are political parties entitled to the allocation of election symbols for National and Provincial Assembly elections?
Is Section 21 of the Representation of the People Act 1976 unconstitutional to the extent that it ignores the role of political parties in elections?

Laws & provisions referred

Article 184(3), Constitution of Pakistan 1973
Article 17(2), Constitution of Pakistan 1973
Section 21, Representation of the People Act 1976
Rule 9(2), Representation of the People (Conduct of Election) Rules 1977

political partieselectoral processfundamental rightsfreedom of associationelection symbolsconstitutional petitionRepresentation of the People Act

ORDER

1. MUHAMMAD HALEEM, C.J.‑‑ For reasons to be recorded later this Petition under Article 184(3) of the Constitution is allowed and it is hereby declared that:

(i) Every political party shall be eligible to participate in the elections to every seat in the National and the Provincial Assemblies scheduled to be held on the 16th November, 1988;

(ii) Section 21 of the Representation of the People Act, 1976, as amended by Representation of the People (Amendment) Ordinance II and VIII of 1985 is violative of Fundamental Right contained in Article 17(2) of the Constitution in so far as it fails to recognize the existence and participation of political parties in the process of elections, particularly in the matter of allocation of symbols and is for that reason void to that extent. As a result thereof, the political parties shall be entitled to avail of the provisions of sub‑rule (2) of Rule 9 of the Representation of the People (Conduct of Election) Rules, 1977, which empowers the Election Commission to allot any of the prescribed symbols to a political party or a combination of two or more political parties who have agreed to put up joint candidates for elections. Parties to bear their own costs.

2. Federal Government to pay a fee of Rs.5,000 each to two amici curiae Mr. Ali Ahmad Fazeel, and Mr. S.M. Zafar.

3. M . B . A . / M‑604 / S Petition allowed.