Constitutional provision changing process of filling minority seats challeged in Pak court

In their petition, Rameez Alam and Anil Masseh argue that Constitutional amendments in Articles 51 and 106 since 2002 changed the method of electing members from minority communities to seats reserved for non-Muslims. Previously, minorities could directly elect their representatives and stand for elections themselves. However, the recent amendments introduced a proportional representation system, rendering the process undemocratic.

The petitioners contend that these changes deprive minorities of the power to vote for their representatives and stand for elections, ultimately resulting in elected officials who are not genuine representatives of the community. They argue that these amendments violate the preamble of the Constitution, which emphasizes safeguarding the legitimate interests of minorities, and should be struck down accordingly.

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Numan Mohib Kakakhel, the advocate representing the petitioners, stated that the writ petition in the Peshawar High Court seeks the declaration of null and void for the amendments in articles 51 and 106, advocating a return to the election procedure in place before 2002. The federal government, Ministry of Law and Justice, and others have been named as respondents in the case.

The petition emphasizes the undemocratic and unlawful nature of the current process for electing minority members to national and provincial assemblies, asserting that these amendments are in violation of basic human rights.