The Ministry of Law on Wednesday told President Arif Alvi that he has no role in the announcement of date for general elections “following the amendment in Elections Act.”.
The law ministry has forwarded its response to President Alvi’s letter, seeking opinion on Election Commission of Pakistan’s stance that “only it had the authority to decide the election date”.
In the letter, the Law ministry said that the right of announcing the date of election rests with the Election Commission of Pakistan.
“According to Article 48(5) of the Constitution, where the National Assembly is dissolved by the President, he shall appoint a date for election and appoint a caretaker cabinet in accordance with the provision of Article 224 or as the case may be under Article 224-A,” the ministry said in the letter.
Under Article 58, the letter noted, the President shall act on and in accordance with the advice of the Prime Minister and such advice shall be binding on him. “An advice sent under Article 58a shall take effect within 48 hours”, it added.
The ministry further said that the system will witness a distortion if President’s authority to give election date is accepted.
