2022 Pakistani constitutional crisis explained

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.

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,[6] and making him the first prime minister in Pakistan to be removed from office through a no-confidence motion.[7] 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.[8]

Background

See main article: No-confidence motion against Imran Khan. 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.[9] [10] 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.[11] 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.[12]

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.[13] 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.[14] 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.[15]

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.[16]

Alleged foreign interference

See also: Lettergate.

Khan has on multiple occasions alleged that a foreign conspiracy was trying to topple his government.[17] [18] In an address to the nation, he accused the United States of "conspiring against his government." 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.[19]

The Pakistan Armed Forces and the Ministry of Information and Broadcasting initially rejected Khan's allegations as "fake propaganda",[20] [21] while the US Department of State repeatedly denied that the US government had engaged in any interference.[22] 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.[23] [24] [25] [26] [27]

However, according to a leaked classified Pakistani cable published by The Intercept in August 2023, at a March 7, 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.[28]

Supreme Court timeline

On 3 April 2022, the Pakistani Supreme Court took suo-moto cognizance of the National Assembly's proceedings.[29] [30] 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.[31]

On 5 April, the court adjourned the matter.[32]

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.[33]

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[34] ruled that the attempt to dissolve the National Assembly was unconstitutional in a 5-0 vote.[35] The ruling also allowed for a future no-confidence vote to be held on 9 April.[36]

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.[37] The motion was voted upon and passed by the National Assembly shortly after midnight on 10 April 2022.[7] [38]

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.[39] 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.[6] [7] [40]

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.[41]

Reactions

Pakistan

International

See also

References

News: Ahmad . Javid . 2022-04-07 . Imran Khan's Conspiracy Play . en-US . . 0099-9660.

Notes and References

  1. Web site: ISPR, other state institutions endorsed NSC's decision, says Qasim Suri. The News International.
  2. Web site: Khan . Dawn com Sanaullah . 2022-04-03 . President Alvi dissolves National Assembly on PM Imran's advice . 2022-04-05 . DAWN.COM . en.
  3. Web site: Key Pakistan leaders behind opposition bid to remove PM Khan . 2022-04-06 . www.aljazeera.com . en.
  4. Web site: 2022-04-05 . 'Constitutional Coup' Threatened in Pakistan . 2022-04-08 . Human Rights Watch . en.
  5. Web site: 2022-04-03 . Pakistan's PM calls for early election after vote of no confidence thrown out . 2022-04-08 . the Guardian . en.
  6. Web site: Chaudhry . Fahad . 2022-04-09 . Imran Khan loses no-trust vote, prime ministerial term comes to unceremonious end . 2022-04-09 . DAWN.COM . en.
  7. Web site: 2022-04-09 . Imran Khan becomes first PM to be ousted via no-trust vote . 2022-04-09 . The Express Tribune . en.
  8. Web site: Pakistan faces constitutional crisis over elections: What to know . 2023-05-20 . Nikkei Asia . en-GB.
  9. News: No-trust move not indigenous: Fawad . 31 May 2023 . The Express Tribune . 31 March 2022 . en.
  10. News: Fawad accuses opposition of following a 'global conspiracy' . 31 May 2023 . The Express Tribune . 28 March 2022 . en.
  11. News: NA speaker dismisses no-trust move against PM Imran, terms it contradictory to Article 5 . Dawn . April 3, 2022.
  12. News: PM Imran says have advised president to dissolve assemblies . Dawn . April 3, 2022.
  13. News: No-confidence resolution: Imran Khan can no longer dissolve National Assembly . The News International . March 10, 2022.
  14. News: CJP takes suo motu notice of situation in country after dissolution of NA . Dawn . 3 April 2022.
  15. News: Wasim . Amir . Opposition approves no-trust in 'own' session . 4 April 2022 . DAWN.COM . 4 April 2022 . en.
  16. News: Imran to continue as prime minister till appointment of caretaker premier . 4 April 2022 . DAWN.COM . 4 April 2022 . en.
  17. Web site: 2022-04-04 . Imran Khan claims US diplomat involved in 'conspiracy' against his govt . 2022-04-05 . Hindustan Times . en.
  18. Web site: Dawn.com . 2022-03-27 . PM Imran says 'foreign-funded conspiracy' out to topple his govt, claims to have evidence in writing . 2022-04-05 . DAWN.COM . en.
  19. News: Pak govt's legal wing warns Imran Khan of grave consequences for sharing classified info . The Economic Times . 2022-04-09.
  20. Web site: 14 April 2022 . Pakistan military rejects Khan's claim US conspired to remove him . . en.
  21. Web site: 23 April 2022 . Imran trying to befool people through 'fake propaganda' . . en.
  22. Web site: Marcetic . Branko . 21 August 2023 . Imran Khan's Ouster Is a Story of US Power and Propaganda . . en-US.
  23. Web site: Iwanek . Krzysztof . 13 April 2022 . Imran Khan's US Conspiracy Theory: A Close Examination . . en-US.
  24. Web site: Javaid . Mahman . 14 April 2022 . The American conspiracy against Pakistan that never existed . . en-US.
  25. News: Mir . Hamid . 2022-04-12 . Imran Khan blames America for his downfall. He should blame himself. . en-US . . 0190-8286.
  26. News: Azhar Salam . Hamza . 2 April 2022 . U.S.-Israel Plot Against Pakistan: A Desperate Imran Khan's Big, Bad Conspiracy Theory . en . .
  27. News: Ahmad . Javid . 7 April 2022 . Imran Khan's Conspiracy Play . en-US . . 0099-9660.
  28. Web site: Grim . Ryan . Ryan Grim . Hussain . Murtaza . 9 August 2023 . Secret Pakistan Cable Documents U.S. Pressure to Remove Imran Khan . The Intercept . en-US.
  29. Web site: 2022-04-04 . Pakistan's top court meets as constitutional crisis rages . 2022-04-06 . France 24 . en.
  30. Web site: CJP Bandial takes notice of today's NA proceedings . 2022-04-05 . www.thenews.com.pk . en.
  31. Web site: 2022-04-04 . Pakistan's supreme court delays verdict on fate of Imran Khan . 2022-04-05 . the Guardian . en.
  32. Web site: Asrar . Nadim . Pakistan court adjourns hearing on PM Khan's bid to stay in power . 2022-04-05 . www.aljazeera.com . 5 April 2022 . en.
  33. News: Zaman . Q. . Spotlight on Pakistan Supreme Court amid constitutional crisis . www.aljazeera.com . en.
  34. News: Even if speaker cites Article 5, no-confidence motion cannot be rejected: CJP . Geo News . 4 April 2022.
  35. News: Pakistan court rules blocking vote to oust Khan unconstitutional. www.aljzeera.com. en. 2022-04-05.
  36. News: Supreme Court restores National Assembly, orders no-confidence vote to be held on Saturday. Haseeb. Bhatti. Dawn. April 7, 2022.
  37. Web site: Chaudhry . Fahad . 2022-04-09 . No-confidence vote: Speaker adjourns session yet again as opposition clamours for voting to begin . 2022-04-09 . DAWN.COM . en.
  38. Web site: Live updates: NA votes out PM Imran Khan in a historic first for Pakistan . 2022-04-09 . www.thenews.com.pk . en.
  39. Web site: 2022-04-09 . Pakistan on brink of crisis as Imran Khan blocks no-confidence vote . 2022-04-09 . the Guardian . en.
  40. Web site: 2022-04-10 . PM Imran Khan loses no-trust vote, ousted from power in Pakistan . 2022-04-09 . Hindustan Times . en.
  41. Web site: 2022-04-11 . Pakistan assembly elects Shehbaz Sharif as new prime minister . 2022-04-11 . the Guardian . en.
  42. News: KSE ends eventful week in loss . The Express Tribune . 10 April 2022.
  43. Web site: 2022-04-04 . Pakistan army chief says has 'excellent' relations with US, best equipment is from Americans . 2022-04-05 . Arab News PK . en.
  44. News: Press Trust of India . 2022-03-31 . Threat letter from US, says Pak PM Imran Khan says in slip of tongue . Business Standard India . 2022-04-05.
  45. Web site: I accept Supreme Court's decision, says PM Imran in address to nation. 8 April 2022.
  46. Book: Pakistan Tehreek-e-Insaf (PTI) . Dossier of Violations of Human Rights by Govt of Pakistan . 2023-03-27.
  47. 1640672054423740416. AbdulqadirARY. تحریک انصاف کا انسانی حقوق کی خلاف ورزیوں پر ڈوزئیر جاری. June 15, 2023.
  48. Web site: 2023-03-28 . Dossier on Violations of Human Rights by PDM Govt Post Regime Change . 2023-03-28 . Pakistan Tehreek-e-Insaf . en.
  49. Web site: 2022-04-07 . India doesn't comment on a country's internal matters, says Arindam Bagchi on political developments in Pakistan . 2022-04-07 . Firstpost . en.
  50. News: Russia slams US attempt at'interference' in Pakistan affairs . www.thenews.com.pk . en.
  51. Web site: Rajghatta . Chidanand . US denies seeking regime change in Pakistan, says it supports constitutional process . 2022-04-05 . Khaleej Times . en.
  52. Web site: 2022-04-01 . US State Department again rejects PM's allegations, says respect Pakistan's constitutional process . 2022-04-05 . 24 News HD . en.