President’s move of fixing date is unconstitutional
THE Election Commission of Pakistan declined a meeting with President of Pakistan for consultations on dates for elections of the Punjab and KP Assemblies saying the matter is subjudice as it is pending before various judicial forums; the Chief Election Commissioner could not meet the President. The Commission after deliberation directed the Secretary Election Commission of Pakistan to convey that the Commission is well aware of its constitutional and legal obligations. It pointed out that Article 105, read with Article 112 of the Constitution, provides the procedure for announcement of polls date in case of dissolution of the provincial assembly.
The communication added that the Commission, after dissolution of the provincial assemblies of Punjab and KP approached the Governors of the KP and Punjab for announcing the dates as they have not done so while dissolving the assemblies. There is no provision in the Constitution or any law requiring the Election Commission of Pakistan to consult the Governor for the announcement of election date in the province. The Election Commission of Pakistan has taken a firm position that the President of Pakistan has no role in the announcement of date for general elections to the Provincial Assemblies. President’s letter to EC is illegal and unconstitutional and unilaterally fixed April 9 as the date for elections for the provincial assemblies of Punjab and the KP.
The President, under the Constitution acts in most of the matters on the advice of the Prime Minister, otherwise has no authority to issue directions to constitutional bodies such as the Election Commission of Pakistan. The Section 57 of the Elections Act 2017 being referred to presidential powers is related to the situation where the national and provincial assemblies complete their terms together, in any case, any section of any law cannot supersede a constitutional provision. As under Article 105-3 of the Constitution, it is for the Governor to decide a date for a general election to a provincial assembly within 90 days of its dissolution. That Article 48-5 says where the President dissolves the National Assembly, notwithstanding anything contained in Clause 1, the President shall appoint a date, not later than 90 days from the date of the dissolution, for the holding of a general election to the assembly and appoint a caretaker cabinet.
That Article 105-3 allows Governor to announce date in province if he had dissolved the provincial assembly. But the Punjab Assembly was not dissolved by the Governor, after his refusal to dissolve the Assembly, the Provincial Assembly got dissolved after 48 hours. This particular matter related to the Governor is subjudice and the court would decide about it, not the President. The Election Commission of Pakistan is of the considered opinion that the President’s move of fixing a date for the provincial assemblies is unconstitutional and illegal and therefore the ECP is not bound to act on it.
When the country needs stability, the President of Pakistan’s decision to unilaterally announce a date for elections in Punjab and KP has once again plunged Pakistan into political chaos. Announcing the move through the President’s Press Office, the President defended his decision as a constitutional and statutory duty and criticised the ECP and Punjab Governor for allegedly shirking their responsibilities. It is unclear how things will now unfold.
This fresh electoral crisis will play amidst multiple ongoing difficulties that are causing unimaginable hardship to common citizens. Pakistan is already on the brink of economic collapse including default and is threatened by the resurgence of terrorist groups as the brazen attacks on law enforcement agencies across the country have shown. It is Pakistan’s misfortune that the nation is going back to that familiar period of darkness, confusing and disorder all political parties and their leaders have no solution.
The country is in this precarious situation because our politicians have yet again failed to provide strong leadership. Time and again, they put their political survival first and the country second as they focus their energy on manipulating the election date.
The Election Commission of Pakistan is taking the matter as per Article 218 and will continue to take all decisions as per law and constitutional way out without succumbing to any kind of pressure. The Election Commission of Pakistan is making consultation with the Attorney General of Pakistan and legal experts to fortify the ECP’s position. The Election Commission of Pakistan should act wisely to prevent the country from reaching a point of no return.
Pakistan’s people have been in a perpetual state of crisis but what is happening now has pushed the country towards anarchy. It is free for all with state institutions at loggerheads. It is one of the most serious crisis that the country has encountered in its turbulent political history. There is a need for political reconciliation. The unfolding political power game has sharpened the clash of institutions, resulting in a systematic collapse. There seems to be a complete breakdown of the State, with no sign of the political stand-off ending.
