Hurried legislation

The coalition dispensation has, at the fag end of its tenure, come up with some hurried legislation. Umpteenth amendments were inserted in Elections Act 2017 in a joint sitting of parliament, apparently as a precautionary move to empower the upcoming caretaker government to deal with issues of exigency, especially in the economic context. But those who go on to read the fine print are concerned that this move will torpedo the spirit of the Constitution to limit the interim set-up to day to day affairs, and flex muscles in the policy-making, a prerogative entrusted only with the elected representatives. This is why there was a tête-à-tête among the allies on the floor of the house, but only to be compromised for an unclarified version of give-and-take.

The amendments will enable the caretaker set-up to take actions or decisions regarding existing bilateral or multilateral agreements and projects. It is widely feared that such a provision might be exercised by the new dispensation to prolong its tenure, or interfere in matters that de jure do not fall in its purview. These concerns from political quarters, legal fraternity and civil society could land the new bill in the court of law, with the unsaid certainty of being struck down by the apex judiciary. The bill can be withheld at the Presidency too for reasons of sanity. The point is that the new bill is seen as unwarranted, and one that is in contravention with the spirit of impartiality while holding free and fair elections.

We have been here. There is no bar on the right of the parliament to legislate, but as far as it follows and upholds the inherent intention of the Constitution to be judicious with the sovereigns of the land, and do not come to upset the balance of powers among organs of the state. This is where this new bill pinches, and one expects the upcoming caretaker government to abide by the pneuma of the Constitution, and walk tall by conducting transparent elections with an unbiased approach.

Published in The Express Tribune, July 28^th, 2023.

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