Article 6 of the Constitution will not be triggered by President Dr. Arif Alvi’s actions, even if they do contravene the Constitution and prevent the National Assembly from meeting for the first time following the elections on February 8.
Article 6 solely addresses the actions of suspension, subversion, and abrogation of the Constitution, which have been committed by military rulers on several occasions in the past. It excludes constitutional violations, which happen frequently and have no legal consequences.
The Constitution states in Article 6: “(1) Anybody who attempts to abrogate, subvert, suspend, or hold in abeyance, or who conspires to do so by using force, showing force, or by any other unconstitutional means, shall be guilty of high treason.” (2) It is also high treason for anybody to assist, abet, or collaborate in the activities listed in article (1). (2A) No court, not even the Supreme Court or a High Court, shall recognize an act of high treason specified in article (1) or clause (2). (3) The sentence for high treason shall be prescribed by legislation by [Majlis-e-Shoora (Parliament)]. President Alvi is accused of breaking the Constitution, which states that the National Assembly must be dissolved within 21 days of general elections, for his decision to return the government summary in order to call a session of the assembly.
According to the president’s interpretation, he is not calling a session of the National Assembly since it is not yet complete due to the decision on the reserved seats for the Sunni Ittehad Council, which is backed by the PTI.
While other political parties, like the PMLN and PPP, believe the president is breaking the Constitution, PTI backs Alvi’s position. However, the majority of legal professionals likewise don’t think Alvi’s position is really significant.
PPP Chairperson Bilawal Bhutto made hints about filing lawsuits against Alvi for constitutional violations, but neither the constitution nor any available legal recourse allow for such a case against Alvi.
In the Qasim Suri case, where the president dissolved the National Assembly in April 2022 on the suggestion of then-prime minister Imran Khan, the Supreme Court determined that Dr. Alvi had violated the Constitution.
Although the National Assembly’s dissolution was reversed by the Supreme Court, none of the people involved—Alvi, Imran Khan, or Qasim Suri—were punished for acting against the Constitution.
Constitutional violations are commonplace in our situation. However, the media and politicians only take notice of constitutional transgressions in specific cases. The most frequently violated constitutional articles are those pertaining to fundamental rights, guiding principles, and Islamic law, however most of these violations go unreported.
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