CEC asked to flex constitutional muscles
The Chief Election Commissioner was advised to use Article 220 of the Constitution under which the CEC can sue the government if his orders are not complied.
The matter was discussed during a meeting between the Chief Election Commissioner (CEC) and top Pakistan Muslim League-Nawaz (PML-N) leaders, including Punjab Law Minister Rana Sanaullah.
The issue of appointing new members, representing all four provinces, has been lingering since parliament passed the amendment earlier this year.
The law ministry remains unmoved despite two requests by the ECP for appointing new members under the new law.
Under the new law, the commission would comprise retired high court judges, instead of sitting ones under the previous arrangement.
Also under the fresh mechanism, the appointments are to be endorsed by a parliamentary committee, nominated by the law ministry, with representation from both treasury and opposition benches. The new law is, however, silent on their tenure or perks and privileges.
The ECP has time and again argued that the delay in appointments is hindering its smooth functioning.
Decentralisation of majority of powers of the Chief Election Commissioner (CEC) makes a strong case for the government to immediately reconstitute the commission.
Officials at the commission have often complained of being handicapped by the delay.
The CEC is currently involved in verifying educational degrees of parliamentarians on the directives of the Supreme Court.
Analysts agree that the commission will have to take important decisions if local government elections are to be held any time soon.
Constitutional experts say that unless CEC is reconstituted, its ability to take decisions on key matters will remain doubtful.
Published in The Express Tribune, September 19th, 2010.
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