The Election Commission of Pakistan (ECP) defended its decision to delay polls beyond 90 days after announcing a fresh delimitation schedule. They stated that this was necessary to meet constitutional requirements for holding elections. Fresh delimitation of constituencies and updated electoral rolls were crucial to ensure accurate representation in parliament.
ECP plans to finalize the fresh delimitation of national and provincial assembly constituencies by December 14, extending beyond the constitutional deadline for general elections.
Constitutional Grounds and Legal Precedents
ECP emphasizes that, based on the 2023 census, updating constituency boundaries before the upcoming general elections was legally mandatory. In an official document referencing the census results, the commission stated that the revised delimitation was crucial for upholding duties under Articles 218(3) and 17(2) of the Constitution. This ensures genuine representation and protects the fundamental rights of the electorate and candidates for honest and fair elections.
This document, accessible through Dawn, points out that the Elections Act, 2017, Section 17(2) mandates constituency delimitation post each census publication. The commission reviewed constitutional articles, including past Supreme Court judgments, to address this delimitation matter before the next elections.
Changes Post Recent Census and Fundamental Rights
Significant demographic shifts occurred at the provincial and district levels following the recently published population census. The commission noted that these changes, along with adding about 20,805 census blocks, necessitated the update of electoral rolls based on the 2023 census.
The ECP reiterated its constitutional duty to ensure genuine representation, as Article 218(3) emphasised. The right to vote, run for elections and establish a political party are fundamental rights under the Constitution, as upheld by the Supreme Court in previous cases. Without updated constituencies and electoral rolls, true representation in parliament and provincial assemblies, a core principle of constitutional democracy, cannot be achieved.
The document highlights the need to interpret the Constitution holistically, emphasizing that updated and accurate electoral rolls and constituency delimitation following each census are essential for holding elections.