2022 Pakistani constitutional crisis

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A political and constitutional crisis emerged in Pakistan from, 3 April 2022 to 10 April 2022 when, National Assembly's deputy speaker Qasim Khan Suri dismissed a no-confidence motion against prime minister Imran Khan during a session in which it was expected to be taken up for a vote, alleging that a foreign country's involvement in the regime change was contradictory to Article 5 of the constitution of Pakistan. [1] Moments later, Khan stated in a televised address that he had advised president Arif Alvi to dissolve the National Assembly. Alvi complied with Khan's advice under Article 58 of the constitution. This resulted in the Supreme Court of Pakistan (SCP) taking a suo motu notice of the ongoing situation, creating a constitutional crisis, as effectively, Imran Khan led a constitutional coup. [2] [3] [4] [5] Four days later, the SCP ruled that the dismissal of the no-confidence motion, the prorogation of the National Assembly, the advice from Imran Khan to president Arif Alvi to dissolve the National Assembly, and the subsequent dissolution of the National Assembly were unconstitutional, and overturned these actions in a 5-0 vote. The Supreme Court further held that the National Assembly had not been prorogued and had to be reconvened by the speaker immediately and no later than 10:30 a.m. on 9 April 2022. [6] [7]

Contents

On 9 April, the National Assembly was reconvened, however the motion was not immediately put to a vote. The session went on all day but the voting did not begin. Shortly before midnight, the speaker and the deputy speaker both resigned.

Shortly after midnight on 10 April, the National Assembly voted and passed the no-confidence motion with 174 votes, a majority, removing Khan from office, [8] and making him the first prime minister in Pakistan to be removed from office through a no-confidence motion. [9] No prime minister has completed their term in Pakistan's 75-year history, which has been marred by frequent coups by the country's powerful military. [10]

Background

The 2022 Pakistani protest PTI protest 2022.jpg
The 2022 Pakistani protest

On 3 April 2022, as the National Assembly session began, law minister Fawad Chaudhry took the floor stating that loyalty to the state was the basic duty of every citizen under Article 5(1). He reiterated earlier claims by Khan that a foreign conspiracy was hatched to oust the government.[ citation needed ] [11] [12] Chaudhry then called on the deputy speaker to decide the constitutionality of the no-trust move. Therefore, Suri termed that the motion violated Article 5 of the Constitution of Pakistan due to foreign powers involvement in support of the motion. [13] Soon after this, Khan, in an address to the nation, announced that he had advised president Arif Alvi to dissolve the assemblies following the dismissal of the no-confidence motion against him. Hence, on the same day, the president dissolved the National Assembly on the prime minister's advice under Article 58 of the constitution. [14]

The move to dissolve the assembly was controversial because of Article 58's explicit statement that the prime minister "against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon" does not have the earlier mentioned power to advise the president to dismiss the assembly. [15] Later in the day, the Chief Justice of Pakistan (CJP) Umar Ata Bandial took suo moto notice of the ongoing situation in the country. A three-member bench of the Supreme Court comprising CJP Bandial, Justice Ijazul Ahsan and Justice Muhammad Ali Mazhar heard the case and said the court would review the deputy speaker's actions. [16] The same day, Joint Opposition held a parallel session in the National Assembly after the house was adjourned and passed the no-confidence vote against Khan, declaring it successful with 197 votes. [17]

On 4 April the Cabinet Secretariat issued a notification stating that Khan had "ceased to hold the office of the prime minister of Pakistan with immediate effect". However a contradicting notification issued by President Office the same day stated that Khan would continue to dispose of his duties as Prime Minister till the appointment of a caretaker premier. [18]

Alleged foreign interference

In a speech at Parade Ground in Islamabad on 27 March 2022, Khan removed a document from his pocket and waved it to the crowd and media crew. [19] Khan and members of his cabinet said that the letter demanded the removal of the Prime Minister and, if Khan remained the prime minister, it would lead to horrific consequences. [20] It also said that “if the no-confidence vote against the prime minister succeeds, all will be forgiven in Washington", a reference to Pakistan’s stance on the Russia-Ukraine war. [21] In an address to the nation, Khan accused the United States of "conspiring against his government." [22] [23] On 30 March 2022, the Islamabad High Court ruled that publishing the contents of a diplomatic cable from the outgoing Pakistani ambassador, which Khan described as "containing threats from the United States," would violate his oath of office and the Official Secrets Act, 1923. [24]

The Pakistan Armed Forces and the Ministry of Information and Broadcasting initially rejected Khan's allegations as "fake propaganda". [25] [26] On 10 May 2022, the Prime Minister of Pakistan, Shehbaz Sharif addressed the National Assembly and acknowledged the letter was threatening, but said the notes did not involve a conspiracy or treason. [27] [28] The US Department of State repeatedly denied that the US government had engaged in any interference. [29] Several international media also found the allegation to be implausible and alleged that it had been invented by Khan to stoke up anti-American sentiment in the country. [30] [31] [32] [33] [34]

On 9 August 2023, the alleged cypher was published in full by The Intercept . According to the cable published by The Intercept, at a 7 March 2022 meeting, the U.S. State Department encouraged the Pakistani government to remove Imran Khan from office because of his neutrality on the Russian invasion of Ukraine. [35]

After Khan’s removal the US helped Pakistan secure an emergency loan from the International Monetary Fund, which eased the economic pressure and allowed the new government to delay elections. The loan the government o introduce austerity measures and arrange a weapons sale to Ukraine via a controversial arms dealer, Global Ordnance. [36]

Supreme Court timeline

On 3 April 2022, the Pakistani Supreme Court took suo-moto cognizance of the National Assembly's proceedings. [37] [38] Notices were ordered to be issued to the Attorney General, the Pakistan Bar Council and the Supreme Court Bar Association, by a three-member bench of the court. A larger five-judge bench of the court was formed on 4 April 2022 to hear the case along with petitions filed by Pakistan Peoples Party, the Supreme Court Bar Association, Pakistan Muslim League (N), the Sindh High Court Bar Association and the Sindh Bar Council. The cases were heard daily from 3 April to 7 April. [39]

On 5 April, the court adjourned the matter. [40]

On 6 April, the Supreme Court adjourned again the matter while seeking the minutes of the NSC meeting where the "foreign conspiracy to overthrow the Khan Government" was discussed. [41]

On 7 April, a five-member larger bench of the apex court, headed by Justice Bandial and comprising Justice Munib Akhtar, Justice Ijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhail [42] ruled that the attempt to dissolve the National Assembly was unconstitutional in a 5-0 vote. [7] The ruling also allowed for a future no-confidence vote to be held on 9 April. [7] [6]

On 9 April, despite the ruling from the highest court, the no-confidence motion was not laid in the national assembly until late night after the resignation of the Speaker and Deputy Speaker. [43] The motion was voted upon and passed by the National Assembly shortly after midnight on 10 April 2022. [9] [44]

Aftermath

On 9 April, the National Assembly was reconvened, however the motion was not immediately put to a vote amid filibustering by members of the treasury benches and the session was adjourned thrice. [45] The same day, Attorney General Khalid Jawed Khan resigned. The Speaker and Deputy Speaker of the National Assembly also resigned shortly before midnight leading to former Speaker of the National Assembly Ayaz Sadiq stepping in as Chairman.

Shortly after midnight on 10 April, the National Assembly successfully passed a no confidence motion, which resulted in Khan ceasing to hold the office of prime minister of Pakistan and making him the first prime minister in Pakistan to be removed from office by a vote of no confidence. [8] [9] [46]

On April 11, the National Assembly elected the leader of the opposition, Shehbaz Sharif, to succeed Khan as the new prime minister, with 174 votes polled in favour of his succession. The PTI boycotted the vote. [47]

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Related Research Articles

A motion or vote of no confidence is a motion and corresponding vote thereon in a deliberative assembly as to whether an officer is deemed fit to continue to occupy their office. The no-confidence vote is a defining constitutional element of a parliamentary system, in which the executive's mandate rests upon the continued support of the majority in the legislature. Systems differ in whether such a motion may be directed against the prime minister, against individual cabinet ministers, against the cabinet as a whole, or some combination of the above.

<span class="mw-page-title-main">Prime Minister of Pakistan</span> Head of government of Pakistan

The prime minister of Pakistan is the head of government of the Islamic Republic of Pakistan. Executive authority is vested in the prime minister and his chosen cabinet, despite the president of Pakistan serving as the nominal head of executive. The prime minister is often the leader of the party or the coalition with a majority in the lower house of the Parliament of Pakistan, the National Assembly where he serves as Leader of the House. Prime minister holds office by virtue of their ability to command the confidence of the National Assembly. The prime minister is designated as the "chief executive of the Islamic Republic".

<span class="mw-page-title-main">National Assembly of Pakistan</span> Lower house of the Parliament of Pakistan

The National Assembly of Pakistan is the lower house of the bicameral Parliament of Pakistan, with the upper house being the Senate. As of 2023, the National Assembly has a maximum membership of 336, of which 266 are directly elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, while 60 are elected on reserved seats for women and religious minorities from all over the country. Members hold their seats for five years or until the house is dissolved by the President on the advice of the Prime Minister. The house convenes at the Parliament House, Red Zone, Islamabad.

<span class="mw-page-title-main">Arif Alvi</span> President of Pakistan from 2018 to 2024

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<span class="mw-page-title-main">Pakistan Democratic Movement</span> Anti-Imran Khan political coalition in Pakistan

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In April 2022, a no-confidence motion against Imran Khan led to his removal as the prime minister of Pakistan. Based largely on the Westminster system of legislature, the prime minister commands confidence of the majority of the lower house of Parliament, the National Assembly of Pakistan, under clause (2A) of Article 91 of the Constitution. Numerous opposition parties joined forces to file the motion of no confidence against Imran Khan in the National Assembly. It ultimately led to the removal of Khan from office as a majority passed the motion in the Lower House.

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Lettergate is an American-Pakistani political affair set off by a conversation at a farewell lunch for Asad Majeed Khan, then-Pakistani ambassador to the United States, on 7 March 2022 at Khan's official residence known as the Pakistan House. A diplomatic telegram was sent by Ambassador Khan to the Ministry of Foreign Affairs based on the notes taken by a note-taker from the embassy of Pakistan based in Washington, D.C. The telegram allegedly stated that in the course of the meeting, the United States had expressed a desire to the government of Pakistan for prime minister Imran Khan to be removed from office because of his neutral stance on the war between Russia and Ukraine and refusal to back the Ukrainians, promising warmer relations if Pakistan agrees while threatening isolation if it does not. The lunch was attended by US officials including then US Assistant Secretary of State for South and Central Asian Affairs Donald Lu and Deputy Assistant Secretary Lesslie Viguerie. The Pakistani diplomats attending the lunch meeting included Deputy Chief of Mission Syed Naveed Bokhari and the defence attaché.

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The 2022–2024 Pakistan political unrest is series of political crises after the ousting of former prime minister Imran Khan through a no-confidence motion at 12 p.m., 10 April 2022. The crises began in 2022 when the opposition joined hands and submitted a no-confidence motion against Imran Khan's government in the National Assembly. Prime Minister Imran Khan urged the Pakistani establishment not to stay neutral and play its role to save his government and not let historical rival politicians with alleged corruption charges take over, but the establishment refused.

References

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