The Senate on Friday approved a bill seeking amendments to the Election Act 2017 to empower the Election Commission of Pakistan (ECP) to announce a date for general elections without having to consult the president as well as limit to five years the disqualification of lawmakers.
Earlier this year, after the Supreme Court directed the president to set a date for elections in Punjab, Chief Election Commissioner (CEC) Sikandar Sultan Raja wrote to Parliament to enact legislation that would empower the electoral body and halt the eroding of its mandate by various court rulings. State Minister Shahadat Awan subsequently tabled the bill in the Senate through a supplementary agenda. Senators Hafiz Abdul Karim and Dilawar Khan introduced an amendment to the proposed bill seeking to abolish the lifetime disqualification of politicians. Addressing the Upper House, Khan urged the opposition not to reject this provision, noting it could also benefit PTI chief Imran Khan, who is facing several cases that could lead to disqualification.
Prior to the amendment’s introduction, Law Minister Azam Nazeer Tarar noted that the Election Act, in its original form, had granted the ECP the mandate to fix a date for general elections. This mandate, he said, was withdrawn by then-military rule Ziaul Haq after the imposition of martial law in 1977, with the power being granted through an ordinance to the president. Clarifying that the ECP’s letter had highlighted this anomaly, he said a joint parliamentary committee had already deliberated upon the matter and approved the draft bill. With this amendment, he said, the Election Act would be applicable where the Constitution was silent.
Predictably, senators of both the Pakistan Tehreek-e-Insaf (PTI) and Jamaat-e-Islami (JI) opposed the bill, claiming the legislation was “person-specific.” Leader of the Opposition Shahzad Waseem also claimed that allowing the ECP to choose a date for polls would be a “violation of the Constitution.” In response, the law minister said the Constitution was the supreme law, but served as the guiding post for subordinate legislation.
The proposed amendment to Section 57(1) of the Elections Act states: “The commission shall announce the date or dates of the general elections by notification in the official gazette and shall call upon the constituencies to elect their representatives.”
The proposed amendment to Section 58 states: “Notwithstanding anything contained in Section 57, the commission may at any time after the issuance of notification under subsection (1) of that section make such alterations in the election program announced in that notification for the different stages of the election or may issue a fresh election program with a fresh poll date(s) as may in its opinion to be recorded in writing be necessary for the purposes of this act.”
The amendment concerning disqualification—relating to Section 232 of the Election Act, 2017—states: “Notwithstanding anything contained in any other provision of this Act, any other law for the time being in force and judgement, order or decree of any court, including the Supreme Court and a high court, the disqualification of a person to be elected, chosen or to remain as a member of the Parliament or provincial assembly under paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration of the court of law in that regard and such declaration shall be subject to the due process of law.” It further stated that the procedure, manner and duration of disqualifications and qualifications should be as per relevant provisions of Articles 63 and 64 of the Constitution. “Where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply,” it added.
The amendments related to disqualification are being seen as a boon for former prime minister Nawaz Sharif and Istehkam-e-Pakistan Party patron-in-chief Jahangir Khan Tareen, who are both currently disqualified. However, government officials maintain it would prove beneficial for all past and future politicians who face disqualification, stressing that it is not fair for a political leader to be ousted from politics permanently.