Even if President Dr. Arif Alvi doesn’t call the first meeting of the National Assembly after the Feb 8 elections, it won’t be considered a severe violation under Article 6 of the Constitution.
Article 6 specifically deals with actions like abrogating, subverting, or suspending the Constitution, usually associated with military dictators in the past. It doesn’t cover regular violations of the Constitution, which may not result in punishment.
The Constitution states that any person using force to abrogate, subvert, suspend, or attempt such actions shall be guilty of high treason. However, President Alvi’s decision to delay summoning the National Assembly session, due to pending decisions on reserved seats, is causing controversy. The Constitution recommends convening the National Assembly session within 21 days of general elections.
President Alvi argues that as the National Assembly is incomplete due to pending decisions on reserved seats for the PTI-backed Sunni Ittehad Council, he is not summoning the session. The PTI supports Alvi’s view, while other parties like PMLN and PPP accuse the president of violating the Constitution. Legal experts generally don’t find much merit in Alvi’s stance.
PPP’s Bilawal Bhutto hinted at initiating cases against Alvi for violating the Constitution. However, there isn’t a clear legal option for such action against the president.
In a previous case related to the dissolution of the National Assembly, the Supreme Court found Dr. Alvi violating the Constitution. In that instance, the dissolution was undone, but no penalties were imposed on Alvi, Imran Khan, or Qasim Suri.
Constitutional violations are common, especially in matters related to fundamental rights, principles of policy, and Islamic provisions. However, these violations often go unnoticed unless they attract media and political attention.