The National Assembly of Pakistan greenlit the Elections (Amendment) Act 2023 following approval from the upper house of parliament. This legislation grants the Election Commission of Pakistan the authority to set the election date autonomously and restricts the period of lawmakers’ disqualification to five years, with a retrospective effect.
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The opposition criticizes the bill as ‘person-specific legislation,’ potentially benefiting Nawaz Sharif, PML-N’s leader, and Jahangir Khan Tareen, the newly established Istehkam-i-Pakistan Party (IPP) patron. Both were permanently disqualified over five years ago due to a Supreme Court ruling under Article 62(1)(f) of the Constitution.
Senator Dilawar Khan, one of the initiators of the amendment, stated upon its introduction in the Senate that the law would benefit Sharif, Tareen, and numerous politicians from Balochistan. The bill now awaits the final endorsement of President Dr. Arif Alvi, who is currently in Saudi Arabia for Haj. In his absence, Senate Chairman Sadiq Sanjrani is acting as president.
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Finance Minister Ishaq Dar and JI lawmaker Maulana Akbar Chitrali introduced the bill in the lower house. Chitrali, the only lawmaker opposing its approval, argued that the bill was designed to “benefit specific individuals,” labeling the proposed changes as person-specific legislation.
Contrary to Chitrali’s stance, Defence Minister Khawaja Asif stated that the amendment was not specifically for Nawaz Sharif, even though he admitted it applies to Sharif under current circumstances. Asif argued against lifetime disqualification, labeling it contrary to fundamental constitutional rights. He noted that varying opinions on this matter exist within the Supreme Court.
Ahmed Bilal Mehboob, a constitutional expert, countered this perspective, suggesting that the bill would not nullify the lifetime disqualification of lawmakers and could be overturned if challenged in the Supreme Court.
According to the amendment, a lifelong disqualification contravenes the Constitution and Islamic principles. The bill intends to ensure fairness, due process, and a right of appeal, limiting disqualification periods under Article 62.
In terms of empowering the Election Commission of Pakistan (ECP), the amendment to Section 57(1) of the Elections Act states that the commission can announce election dates and call upon constituencies to elect their representatives. Further, under Section 58, the commission may alter the election program or issue a fresh one with new poll dates when necessary.
 Act 2023, approved by Pakistan's National Assembly. Discover the implications and criticisms related to this legislation that impacts election dates and lawmaker disqualification periods.){kind=link}