Abolishes lifetime disqualification
Ijaz Kakakhel Islamabad
A bill seeking amendments to the Elections Act 2017, aimed at empowering the Election Commission of Pakistan to announce poll dates unilaterally without having to consult the president, sailed through the Senate on Friday.
The Elections (Amendment) Bill 2023 was moved by State Minister Shahadat Awan amid protests by senators belonging to Jamaat-i-Islami and the opposition PTI. According to the statement of objects and reasons of the legislation, the Constitution envisages the duty of the ECP to organize and conduct elections honestly, fairly, and in accordance with the law.
“The ECP enjoys administrative and functional autonomy under the provisions of the Constitution and the Election Act, 2017, which facilitates the body in fulfilling its core obligation of free and fair elections. “To further strengthen the commission, amendments in sections 57(1) and 58(1) of the Election Act 2017 are required to allow the ECP to announce poll dates for general elections on its own,” it added.
Earlier, during the Senate session, Law Minister Azam Nazir Tarar said that the right to choose the date for polls had been given to the ECP in 1973. “But Ziaul Haq gave this right to the president through an amendment,” he recalled, noting that the parliamentary committee had also given a nod in favour of the law.
The Constitution, Tarar continued, was superior. He said the amendments would make the role of the ECP more active and enable changes in the election schedules as well. “This amendment is being brought to remove all the ambiguities,” he told the house, adding that the Parliament had the power to legislate when the Constitution was silent.
On the other hand, while raising objections to the proposed law, Leader of the Opposition Shahzad Waseem said: “Legislation can only be done under the Constitution.”
“The Constitution is very clear about the date of the elections and it gives both the president and governor the power to announce the date for polls,” he said.
