An independent ECP

The apex court is more powerful now so to have it throw its weight behind the ECP is reassuring.

As elections draw ever closer, the freedom with which the Election Commission of Pakistan (ECP) is able to operate becomes even more important. It will be besieged on all sides by the government, military and other political parties and needs to withstand this pressure. So far, with an assist from the Supreme Court, it has managed to do this relatively well. The Supreme Court has now agreed with the ECP that it has the power to amend nomination forms without the permission of the law ministry and the president. This makes both legal sense — since the ECP has the authority to conduct elections without government interference — as well as common sense, since the president and the law minister are both partisans of the PPP and there is the possibility that they would interfere in the running of the ECP to give their party an electoral advantage.



Allowing the ECP to operate independently becomes even more important once the assemblies are dissolved on March 16 and a caretaker government takes over. If, as some reports suggest, the caretaker set-up includes those who are suspected of fealty to the military, the ECP’s ability to hold free and fair elections will be under threat. It is important that the line in the sand is already drawn and that it is the Supreme Court which has done so, is a good omen for the elections. The apex court is more powerful now than it has ever been before so to have it throw its weight behind the ECP is reassuring.

Since the holding of elections after a democratic government completes its term is unprecedented in Pakistan’s history, there is a tendency to see bogeymen which may not even exist. However, given our past, it is far preferable to be pessimistic and give the ECP whatever power it needs to ensure elections are held on time and without outside interference. Already, the ECP has intervened when it thought the government was spending development funds inappropriately and tried to stop the transfer and hiring of government employees. It will have to become even more stringent once a caretaker set-up, which may have no commitment to democracy, assumes power. The last thing we need is a prolonged caretaker government and the ECP and Supreme Court combine will have to work against that.

Published in The Express Tribune, March 14^th, 2013.