SCBA to fight election delay tied to census

Incumbent upon ECP to conduct elections within the timeframe given in the Constitution, reads statement

ISLAMABAD:

The Supreme Court Bar Association (SCBA) took a decisive stance on Monday by announcing its intent to challenge the Council of Common Interest's (CCI) decision regarding the upcoming general elections in Pakistan. The CCI's approval of the 2023 census results for electoral purposes has raised concerns over potential delays in the national polls, which were originally scheduled for November this year.

The SCBA, led by President Barrister Abid S. Zuberi and Secretary Muqtedir Akhtar Shabbir, vehemently criticized the government's decision to base the general elections on the 2023 census. The association's statement emphasized that such a move could lead to an unconstitutional postponement of the elections. They maintained that it is the Election Commission of Pakistan's (ECP) duty to ensure that general elections are held within the timeframe stipulated by the Constitution.

Read Census green light raises poll delay fears

Citing Article 224(2) of the Constitution, the SCBA underscored that elections must be conducted within 90 days of the dissolution of the assemblies. While acknowledging the need for adjusted representation due to population growth, the association highlighted that any change in the number of seats necessitates a constitutional amendment.

The SCBA contended that the role of the provincial caretaker government is limited to ensuring fair and transparent elections within the constitutionally mandated time frame. They expressed concern over any involvement of the caretaker chief minister in decisions made by the CCI and federal government, stating that such actions would exceed their legal mandate.

Drawing from recent Supreme Court judgments, particularly SMC No. 01/2023 and CP No. 01/2023, the SCBA emphasized the significance of adhering to the time periods outlined in Article 224. They labeled these time frames as constitutional imperatives that demand unwavering compliance.

The association strongly denounced the prospect of conducting elections based on the 2023 census, asserting that such a course of action would unconstitutionally delay the democratic process and infringe upon the fundamental rights of Pakistani citizens to be governed by an elected government.

Read more MQM-P renews call for polls under fresh census

The SCBA criticized any attempts to postpone elections, viewing such tactics as detrimental to the nation's enfranchisement and detrimental to the rule of law. Amid ongoing political and constitutional challenges, the association called upon all political parties and leaders to unite, setting aside individual differences, and ensuring a just, transparent, and timely election in cooperation with the election commission.

To address the situation, the SCBA announced its intention to challenge the CCI's decision before the Supreme Court. The association also expressed its commitment to mobilize the legal community across the country in a nationwide peaceful effort aimed at safeguarding the Constitution and upholding the rule of law, should the general elections be postponed beyond the constitutionally prescribed timeframe.

The SCBA reaffirmed its unwavering commitment to the rule of law, democracy, and the supremacy of the Constitution. The association pledged to advocate vigorously for the timely conduct of elections in a fair, transparent, and just manner. By taking this proactive stance, the legal fraternity aims to ensure that democratic processes and constitutional principles remain integral to Pakistan's governance, paving the way for stability, democracy, and the rule of law.