Constitutional law experts stand deeply divided over questions surrounding the age and health of the new chief election commissioner (CEC).
Many are calling for an age limit on all constitutional posts, including that of the CEC, while expressing concern over the age of newly appointed poll commissioner Justice (retd) Fakhruddin G Ebrahim. Ebrahim is 84 years old.
Though Ebrahim is widely respected as a constitutional expert, some reservations have been expressed on other counts. It could be hard for the CEC to understand election complications at this age, according to chief of his own faction of Jamiat Ulema-e-Islam, Maulana Fazlur Rehman.
The maulana, who also congratulated Ebrahim on becoming the new CEC, stressed upon the age limit for all constitutional posts by citing the precedence set by neighbouring countries India and Bangladesh. In both countries, the CEC reaches his/her superannuation at the age of 65.
Constitutional law expert Ahmed Raza Kasuri questioned: “When a person has already attained the age of 85 and will retire at 90, can he fulfil his job commitment?” Kasuri said that at a time when an apex court judge’s age of superannuation is 65, it is only fitting that the president should also have an age limit for the CEC.
He added: “The president should ask the parliamentary committee set up to decide the appointment of the CEC to review its recommendations, keeping in mind the age factor.”
Kanwar Dilshad, a former secretary of the Election Commission, also said Pakistan should follow India and Bangladesh on the rules regarding an election commissioner’s age, especially considering the importance of the post in the wake of the 18th and 20th amendments.
Dilshad, however, was optimistic that Ebrahim will at least be able to handle the upcoming elections issues.
Pakistan Muslim League-Nawaz (PML-N) leader Pervez Rashid was tight-lipped over a possible amendment in the constitution over an age limit for office holders of constitutional posts.
“I will comment on this issue after the upcoming general elections,” Senator Rashid said when The Express Tribune sought his opinion on the issue.
Previously, the CEC used to be appointed by the president – but after the passage of the 18th and 20th amendments under Article 213 of the Constitution, the prime minister in consultation with the opposition leader in the National Assembly is required to forward three names to a parliamentary committee to pick one.
Published in The Express Tribune, July 16th, 2012.
COMMENTS (11)
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For God sake why we create senseless issues!
Mr. Fakhruddin Ebrahim's age is an issue, especially, when you see him struglling to recall the right words and phrases to express himself when asked for his opinion. It's a pity to watch an old and semi senile man being put through this travail of public srutiny by being forced into lime light for political reasons by some, it's anyone's guess how intact his intellectual and legal is and can be of value at this stage of his life. Must we make sure that even someone with his name and reputation becomes a target of public criticism and ridicule, must we?
Was Maulana sleeping at the time of 20th amendment? Would he like to talk about the politician's age limit also?
Please find some other fault in the appointment.If we are true Muslims,then it should be God who would decide when to take back one's strength and make him falter in his duty.History is replete with instances when nations benefited from the acts of very old people and age becomes a barrier only if mind slips in its conviction to achieve something great.Let us trust God and pray for Ibrahim to do which history tells us is a very difficult job.
All those who are raising questions on the selection of Fakhru Bhai are infact the judicial goons who are employed to forward the case of Political Judiciary. As a matter of fact, Judiciary never wanted concensus on the name of CEC. They wanted that thier own man on that appointement and it would have later ended in forming Interim government by Judiciary an unrealised dream of Bangla Desh Model..
I'm sure the CEC will be better able to manage things than Maulana Fazlur Rehman
PPP government has pushed the country on the brink of disaster,and this appointment only made for another resignation,make post again vacant,PPP never go for election as they never made local bodies election,Cancer of corruption is a major operation requires institutions have been destroyed? Debt burden has become unbearable.LOTTO.AND PHOTO
Instead of Age Limit, there should be an I.Q. limit. Anyone below 140 I.Q. can not become a CEC or even a political party "leader".
In USA for judges of Supreme Court there is NO retirement age.
CEC is fit and healty. He is in better condition than Fazlo.
So when it comes to age limit, everyone loves quoting policies and practices from the rest of the world. But when it comes to dual-nationality, no one wants to follow the example of successful nations? And yet we have article after article defending the dual-nationality policy.