Islamabad: The Senate swiftly passed a bill on Friday that would amend the Elections Act 2017 to allow the Election Commission of Pakistan (ECP) to declare election dates without consulting the president. State Minister Shahadat Awan introduced the Elections (Amendment) Bill 2023 despite opposition senators from the PTI and Jamaat-i-Islami protesting. The Constitution establishes the ECP’s responsibility to organize and conduct elections honestly, fairly, and in accordance with the law, according to the statement of purposes and justifications of the legislation.
“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.
Section 57(1): 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.
Section 58: 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 programme announced in that notification for the different stages of the election or may issue a fresh election programme with fresh poll date(s) as may in its opinion to be recorded in writing be necessary for the purposes of this act.
The statement further said that the parliamentary committee constituted by the Senate chairman had also examined the proposed amendments and recommended that the federal government should initiate the process of tabling the legislation.
A copy of the bill presented in the Senate today, which has been seen by media, also included an amendment to Section 232 (Qualifications and Disqualifications) of the Election Act, 2017.
“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 stated.
The amendment added that the procedure, manner and duration of disqualifications and qualifications should be as specifically provided for in 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.
