A fresh jurisdictional row is brewing between parliament and the Election Commission of Pakistan (ECP) over proposed amendments in nomination forms for electoral candidates. A sub-committee of a parliamentary panel on electoral reforms has approved a proposal for similar nomination papers for candidates of the Senate, the National Assembly and the provincial assemblies. The ECP, however, has questioned the decision because it believes the issue of nomination papers comes within the ambit of the rules that the poll supervisory body itself must devise. Though aware of the ECP reservations, Law Minister Zahid Hamid insists the main parliamentary committee will make the final call.
Four years ago, the apex court approved the nomination forms and declared them good enough for use in the 2013 general elections. The ruling, as given by then chief justice Iftikhar Muhammad Chaudhry, still stands, according to ECP officials. Two constitutional clauses — Article 222 and Article 218 (3) — seemingly back the ECP contention. The third clause of Article 218 recognises the “duty of the ECP to organise the election and to make arrangements … to see that corrupt practices are guarded against”. Article 222 says parliament may by law provide for alloca¬tion of seats in the National Assem¬bly but without stripping the commissioner or election commissioner’s powers.
The previous law ministry was convinced that any unilateral amending of the nomination forms by the ECP was unacceptable. The incumbent ministry, however, seems unprepared to accept any such role of the ECP. Instead of defying the SC ruling, ECP officials say parliamentarians or the main parliamentary body should first seek a review against the judgment. The poll supervisory body is likely to contest any move aimed at sidelining it. Wrangling over who has final say on changing nomination forms will end up consuming the time of both these institutions. Wouldn’t it be wiser instead to recognise each other’s rightful roles?
Published in The Express Tribune, May 26th, 2017.
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