Ministry of Law Reaffirms President No Authority to Announce Election Date

The Ministry of Law, in a letter to communicate to President Arif Alvi that after the amendments in the Elections Act, he no longer holds the prerogative in this matter.

The Law Ministry’s response resulted from President Alvi’s inquiry, wherein he sought clarity regarding the Election Commission of Pakistan’s (ECP) claim to determine the election date. In its letter, the Ministry of Law asserted that the authority to announce the election date now lies solely with the ECP.

Elaborating on the legislative provisions, the letter highlighted, “Article 48(5) of the Constitution mandates that when the President dissolves the National Assembly, he must decide on an election date. He’s also entrusted with naming a caretaker cabinet as stipulated in Article 224 or, if applicable, under Article 224-A.”

Additionally, the ministry drew attention to Article 58. This article mandates that the President’s actions must align with the advice of the Prime Minister, and any advice provided under Article 58a should be executed within hours. Emphasizing the rationale behind amending the Election Act, the ministry pointed out that the intention was to centralize the election date announcement authority, avoiding any systemic distortion.

CEC’s Stance on the Election Date

This chain of correspondence originated when Chief Election Commissioner (CEC) Sikandar Sultan Raja reacted to President Alvi’s call for a meeting. The President wanted to determine an appropriate date for the general elections. However, CEC Raja implied that such a meeting might not bear much significance given the recent modifications in the election laws.

President Alvi had cited Article 244 of the Constitution in his letter, emphasizing his obligation to ensure that elections are conducted within the designated 90-day timeframe post the premature dissolution of the National Assembly.

In retort, the ECP’s chief underscored that the Parliament revised Section 57 of the Elections Act, thereby giving the commission the exclusive right to finalize the election dates.

Towards Transparent Elections

CEC Raja elucidated that the ongoing delimitation of constituencies, post the digital census approval, forms a critical preparatory step for the upcoming polls. He reiterated the ECP’s unwavering commitment to conducting the general elections with utmost integrity. To further this commitment, the commission has even contacted key political factions for their input on the electoral delineation.

Reports indicate that the ECP is geared towards holding the general elections in the early days of February 2024. Close sources revealed that the commission anticipates releasing the general elections scheduled post-December 2023, likely 54 days after wrapping up the delimitation procedures.