SC dismisses petitions seeking presidential form of govt

The Supreme Court of Pakistan has declared all the petitions seeking implementation of the presidential system in the country as non-maintainable, it was reported on Monday.

The apex court said the point raised in the petitions was political. It said the Constitution of Pakistan does not provide any guidance for the presidential form of government, as it supports the democratic system.

“There is no clause in the constitution, which mandates the Supreme Court to issue instructions to the prime minister for a referendum for the presidential form of government,” the top court said.

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The ruling comes on petitions submitted by four petitioners identified as Sahibzada Ahmed Raza Khan Kasuri, Dr Sadiq Ali, Tahir Aziz Khan and Hafeez-ur-Rehman Chaudhry. They had filed identical constitutional petitions under Article 184(3) of the Constitution in the Supreme Court for a presidential form of government in the country.

They prayed the court, being the custodian of the rights of people and the Constitution, may direct the prime minister of Pakistan to hold a referendum under Article 48(6) of the Constitution of the Islamic Republic of Pakistan in order to ascertain and determine the will of the people of Pakistan.

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Earlier, President Dr Arif Alvi also ruled out enforcement of the presidential system in Pakistan. He said the parliamentary system is very strong in Pakistan and there is no debate on the presidential system in the country.

He said enforcement of the presidential system can create problems in the country. He said powers devolved to provinces under the 18th Amendment cannot be taken back.