Election ambiguity

The state apparatus is confused to the core when it comes to taking a position on holding general elections. Apart from defiance from some political quarters, the issue seems to be more crisscrossed in interpreting the constitutional provisions, and there is an evident gap in the stated positions of both the electoral watchdog and the presidency. As far as Caretaker Prime Minister Anwar-ul-Haq Kakar is concerned, he has thrown his weight behind the Election Commission, saying it is seized with the prerogative as per law in detailing out a plan for ballot.

The Election Commission, nonetheless, is shying behind the notification of the latest 2023 digital census approval by the outgoing cabinet, citing the need for fresh delimitation of constituencies under Section 17(2) of the Elections Act. But that comes in extreme contravention with the President House, which believes that Article 244 of the Constitution makes it duty-bound to get the elections conducted within 90 days once the legislature is dissolved prematurely. Likewise, it goes on to establish its writ by stating that under Article 48(5) of the Constitution, the president is obliged to appoint a date not later than 90 days from the date of dissolution.

These perplexed versions are in need of a judicial review. But the catch-22 situation is that the Supreme Court had twice in its detailed judgments ruled that the mandatory 90 days dictum is law, and the constitutional provision cannot be set aside. This is where the former 13-party dispensation stood in violation of the top court’s orders in holding timely polls in Punjab and K-P provinces. Jurists argue that an act of law cannot supersede a constitutional provision, and this is where the crux of the matter rests.

Pestering political instability, coupled with economic stagnation, demands of the state to abide by the Constitution, and let the electorate take a call. Delaying elections for reasons of political exigency is an unwise move, and the ECP can surely buckle up its machinery by enabling the nation to vote in the spirit of the Constitution. The organs of the state must huddle up to exhibit unanimity.

Published in The Express Tribune, September 5^th, 2023.

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