Has Constitutional Supremacy Prevailed? Understanding the Controversy

Explore the recent controversy surrounding the appointment of the election date and the dissolution of the National Assembly. Learn about the role of different entities and the importance of upholding constitutional commands.

Introduction:

Controversy over the appointment of the election date and the dissolution of the National Assembly has raised questions about the supremacy of the constitution. In this blog post, we will explore the recent events surrounding this issue and analyze the role of different entities in upholding constitutional commands.

 The Authority to Appoint the Election Date

 The controversy began when the president dissolved the National Assembly on the advice of former PM Shabah Sharif, leading to a debate about who has the authority to appoint the date for general elections. Article 48 subsection 5 of The Constitution clarifies that this power is vested with the president.

 The President's Letter and Constitutional Compliance

 However, the president's letter about the election date does not comply with the constitutional command. Instead, it can be seen as a proposal rather than a compliance. This raises questions about the actual compliance with the constitution and the election commission's claim regarding the appointment of the date.

 Supreme Court's Intervention

 In response to the controversy, the Supreme Court ordered the election commission and the president to set a date for general elections. This decision put an end to unnecessary litigation but also highlighted the issue of constitutional violations due to non-compliance with time limits.

 Violations of the Constitution and Ensuring Election Commitments

 The Supreme Court's intervention in this matter is crucial to minimize constitutional violations and ensure that election commitments are enforced. Provincial elections have not been held within the 90-day time limit, which is a clear violation of the constitution. The court needs to ensure that such violations are minimized and that any commitment related to an election date is implemented and enforced.

 The Importance of Elections in a Democracy

 In a written judgment, Justice Akar emphasized the importance of elections in a democracy. They ensure stability and provide a way forward towards general elections. It is essential for the Supreme Court to uphold the constitution and order provincial elections to maintain democracy and certainty.

 Conclusion:

The controversy over the appointment of the election date and its compliance with the constitution raises important questions about constitutional supremacy. The intervention of the Supreme Court in resolving these issues is crucial to ensure that violations are minimized and election commitments are enforced. Upholding the constitution and ensuring the smooth functioning of democratic processes should be the top priority.