The Election Commission of Pakistan (ECP) has proposed changes to sections 57-1 and 58 of the Elections Act 2017 to empower itself to determine the date and schedule of elections, reducing the president’s authority in these matters.
Amendments in the Elections Act 2017 establish the ECP as the sole authority responsible for announcing general election dates and enabling it to change the election schedule without external interference.
Section 57-1 states that the president is responsible for announcing the date or dates of general elections after consultation with the ECP. If the proposed amendments are made, the ECP would solely hold power to set these dates, thus removing the president’s role in the process. This change is intended to strengthen the ECP’s independence and reinforce its authority as the primary body responsible for conducting elections in Pakistan.
Regarding Section 58, the proposed amendment aims to eliminate ambiguity surrounding changes to the election program or the issuance of a new one. If the amendment is implemented, the ECP would be able to adjust the election program at various stages and provide a new election date and schedule with written justifications. This change would further solidify the ECP’s autonomy and allow it to manage election schedules without external influence.
These proposed amendments are based on the ECP’s position as an autonomous body responsible for conducting fair and transparent elections in Pakistan. The ECP has prepared a draft of these amendments and sent a letter to the parliamentary affairs secretary outlining the reasons behind these changes. The letter emphasizes that the ECP’s election mandate should not be subordinate to anyone.
According to the Constitution, the ECP decides whether circumstances suit elections. The ECP’s letter also points out that recent Supreme Court judgments have deprived the commission of exercising the powers listed in Article 218-3.
The ECP has cited previous Supreme Court cases in its letter, arguing that no provision of the Constitution supports the president announcing election dates after the dissolution of the National Assembly or the end of its term.
The proposed amendments to sections 57(1) and 58 are recommended to remove this ambiguity and reinforce the ECP’s independence and authority in managing the electoral process.