“Only parliament can amend the secret ballot law for elections”

February 28, 2021

“The decisions with regard to a no-confidence motion against the prime minister and the sit-in willalso be taken by the leadership of the PDM after deliberations on a future strategy following the Senate elections”

The upcoming elections to the upper house of parliament have gained more interest than is usual. The government and the Pakistan Democratic Movement (PDM) opposition alliance are all set to lock horns on March 3 for a clash of the titans over 48 vacant seats. These include twelve seats each for Khyber Pakhtunkhwa and Balochistan, eleven each for the Punjab and Sindh and two for Islamabad. The PDM is fielding joint candidates against the government coalition consisting of Pakistan Tehreek-i-Insaf, the Muttahida Quami Movement (MQM), the Balochistan Awami Party and the Pakistan Muslim League-Quaid.

One of the key contests is for the Islamabad seat. In an interesting move, the Pakistan Democratic Movement (PDM) has fielded former prime minister Yousaf Raza Gillani against Prime Minister’s Adviser on Finance Hafeez Sheikh. To make sense of the situation, this week, The News on Sunday talked exclusively to Gillani. The conversation moved from the presidential reference to discard the secret ballot to the possibility of a no-confidence motion against the prime minister following the Senate elections and related topics. Excerpts:

The News on Sunday (TNS): The president has promulgated an ordinance to amend the law governing the upper house elections to allow open ballot. What is your take on it?

Yousaf Raza Gillani (YRG): The Constitution cannot be changed or amended by presidential ordinances. Had this not been so, the government would have created a South Punjab province by now considering the Imran Khan-led PTI had promised this in its election manifesto. According to the Constitution, the parliament alone can amend the constitution. If someone else tries to do so it is a clear violation of Article 6 of the Constitution. The honourable Supreme Court of Pakistan can interpret the Constitution but it cannot amend it.

TNS: Mian Raza Rabbani, the former Senate chairman and your Pakistan Peoples Party (PPP) colleague has stated that the parliament should have discussed a resolution of impeachment under Article 47 of the Constitution. He has previously argued in the Supreme Court that there is no provision in the Constitution for holding elections to the upper house through open ballot. Are opposition parties considering to move such a resolution in the upper house before or after the Senate elections? Do you agree with his argument?

YRG: Besides being a senior parliamentarian, Rabbani is a lawyer of great legal acumen. He has appeared before the five-judge Supreme Court bench headed by Chief Justice of Pakistan, Justice Gulzar Ahmed, and presented his arguments about the ordinance promulgated by President Arif Alvi on the conduct of Senate elections through open ballot. As far as his impeachment is concerned, it has not been discussed as yet. Once the proposal is brought to a joint meeting of the Pakistan Democratic Movement or a meeting of the PPP central executive, it will be deliberated upon and a decision reached. For now, I just want to say that the president shouldn’t have gone for what is against the Constitution of Pakistan. Senate elections have always been conducted through secret ballot. According to the Constitution of Pakistan, all elections are held through secret ballot; only prime minister and chief ministers are elected through an open ballot.

TNS: Is the Pakistan Democratic Movement planning to move no-confidence motions against the prime minister and the Senate chairman? Will you be the joint candidate of the opposition for Senate chairman’s office upon taking your seat in the house? Also, is the opposition alliance also planning on holding a sit-in protest in Islamabad?

YRG: Well, as far as me being the joint candidate of the opposition for the Senate chairman’s slot is concerned, I can’t decide that on my own. Such a decision will have to be reached in a joint meeting of the opposition alliance. Decisions regarding a no-confidence motion against the prime minister and a sit-in will also be taken by the leadership of the PDM in their deliberations on a future strategy following the Senate elections.

TNS: The PPP and the PML-N were the bitterest of political rivals in the ’90s and 2000s. It appears that the parties have come a long way so that you can be a joint candidate. Contesting elections together is after all a lot different from sharing the podium at a public meeting. What significance does this coming together have for the future of politics in Pakistan?

YRG: I am grateful to the PDM leadership for choosing me as their joint candidate for the Islamabad seat of the Senate. We have struggled and sacrificed a lot to establish the supremacy of the parliament, the sanctity of the vote and democracy in Pakistan. The PML-N had voted for me to become the prime minister in 2008 and they are again supporting me. I was awarded the ticket by the PDM. I will represent them in the Senate of Pakistan. Interestingly, after the announcement of my candidature for Senate elections, there has been a visible improvement in the respect shown to PTI lawmakers by Prime Minister Imran Khan. He has recently started meeting his MNAs and MPAs. The masses are supporting us. I congratulate the PDM for the victory of its candidates in the recent by-elections. These have shown that the people of Pakistan are with us.

TNS: There have been rumours that you recently held a meeting with Pakistan Tehreek-i-Insaf leader Jehangir Khan Tareen and that he is helping you woo some of the disgruntled PTI MNA’s ahead of the Senate elections. Will he be joining the Pakistan Peoples Party (PPP) after the Senate elections?

YRG: I don’t want to comment on these things.

TNS: How will this Senate election affect your political career, given the general perception that you are running against the odds. Is this the hardest election of your political career? What kind of numbers game will allow you to win this seat for the PDM?

YRG: Contesting elections is the hardest when you are new to politics. As your political career progresses, the elections become relatively easier. Given my considerable experience in politics and elections and having served as speaker of the National Assembly, prime minister, federal minister and member of the National and Provincial Assemblies, it is no longer difficult. I am sure that if the respectable parliamentarians listen to the voice of their conscience and keep in mind my sacrifices for democracy in Pakistan, they will vote for me. I am confident therefore that I will emerge victorious. Recall my election for premiership; I received 264 votes while my opponent got 42. I managed then to secure more votes than my party’s share because I enjoyed excellent personal relations with parliamentarians in other parties as well. God willing, I will win this Senate seat for the PDM with a comfortable margin. I will again get votes on account of my record and my victory will strengthen the democratic forces.


The writer is a journalist based in Lahore. He reports on politics, economy and militancy and can be reached at shrnaqvi3@gmail.com. He tweets @hassannaqvi5

“Only parliament can amend the secret ballot law for elections”: Yousaf Raza Gillani