Democratic norms: Present electoral system termed unconstitutional

Re-polling should be held in constituencies where there is no clear winner.

ISLAMABAD: A constitutional petition filed on Friday requested the Supreme Court to declare the present electoral system of ‘first past the post’ as well as section 42 of the Representation of Peoples Act 1976 as undemocratic and therefore unconstitutional.

Advocate Syed Feroz Shah Gilani argued for the apex court to direct the federation to amend the Representation of Peoples Act 1976 to bring it in conformity with Articles 91 and 130 of the Constitution.

“Bernard Chrick, Professor Emeritus of politics, Brikbeck College, London in his famous book Democracy, describes the system of ‘first past the post’ as undemocratic and certainly unrepresentative,” Advocate Gilani quoted.

In the 2008 general elections, members of the legislatures were declared elected on the undemocratic principle of ‘first past the post’. “In the National Assembly out of the 268 seats that were contested, the winners for 108 seats secured less than 50 per cent of the polled votes,” he added.

To make the electoral system democratic and representative, re-polling should be held in those electoral constituencies where there is no clear winner; to find a winner securing more than 50 per cent of the polled votes.

“After re-polling between the two leading candidates, the one who secures the majority vote should be declared successful,” he stated adding this system is prevalent in many democratic countries, including France.

He further stated that the present electoral system in Pakistan of declaring a ‘first past the post’ candidate successful is undemocratic and hence violative of the provisions of the 1973 Constitution of the Islamic Republic of Pakistan.  “The current system leads to large-scale corruption and cronyism in the country,” he maintained.

Published in The Express Tribune, December 25^th, 2010.