{"id":3347,"date":"2023-09-12T13:54:15","date_gmt":"2023-09-12T13:54:15","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/who-holds-the-power-to-announce-the-election-date\/"},"modified":"2023-09-12T13:54:15","modified_gmt":"2023-09-12T13:54:15","slug":"who-holds-the-power-to-announce-the-election-date","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/who-holds-the-power-to-announce-the-election-date\/","title":{"rendered":"Who holds the power to announce the election date?"},"content":{"rendered":"<p><\/p>\n<p>Dawn.com speaks to legal experts to hear their takes on this question.<\/p>\n<div dir=\"auto\">\n<blockquote class=\"blockquote-level-1\">\n<p><em>Will he or won\u2019t he?<\/em><\/p>\n<\/blockquote>\n<p>This is the question that\u2019s on observers\u2019 minds as <a rel=\"noopener noreferrer\" target=\"_blank\" class=\"link--external\" href=\"https:\/\/www.geo.tv\/latest\/509402-pakistan-likely-to-plunge-into-chaos-as-president-alvi-to-announce-election-date-anytime-soon\">reports<\/a> swirl that President Arif Alvi would unilaterally announce an election date.<\/p>\n<p>Since the president signed off on the National Assembly\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1769231\">dissolution<\/a> on August 9, the Election Commission of Pakistan (ECP) has kept mum on the matter.<\/p>\n<p>Ideally, in this case, elections should be held within 90 days of August 9. However, the outgoing PDM government\u2019s decision to <a href=\"https:\/\/www.dawn.com\/news\/1768537\">approve<\/a> the 2023 census had complicated matters. The decision was followed by the ECP\u2019s announcement of a delimitation schedule, which <a href=\"https:\/\/www.dawn.com\/news\/1770761\/polls-not-possible-this-year-after-ecp-decision\">effectively ruled out<\/a> the possibility of polls this year.<\/p>\n<p>The president then invited the chief election commissioner to <a href=\"https:\/\/www.dawn.com\/news\/1771865\">deliberate<\/a> on an election date, saying he was duty-bound, according to Article 48 (5) of the <a rel=\"noopener noreferrer\" target=\"_blank\" class=\"link--external\" href=\"https:\/\/na.gov.pk\/uploads\/documents\/1549886415_632.pdf\">Constitution<\/a>, to get the elections conducted in the 90 days\u2019 prescribed period once the National Assembly was dissolved prematurely.<\/p>\n<p>Alvi\u2019s RSVP was spurned in a <a href=\"https:\/\/www.dawn.com\/news\/1771906\">terse letter<\/a>, with the ECP chief saying recent <a href=\"https:\/\/www.dawn.com\/news\/1760067\">amendments to the election laws<\/a> meant meeting the president would be of \u201cscant importance\u201d.<\/p>\n<p>The amendments the chief election commissioner was referring to were Sections 57 and 58 of the Election Act 2017, which allow the Election Commission of Pakistan (ECP) to bypass the president and unilaterally announce election dates.<\/p>\n<figure class=\"media  w-full  w-full  media--stretch  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1771739\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Under <a rel=\"noopener noreferrer\" target=\"_blank\" class=\"link--external\" href=\"https:\/\/www.geo.tv\/latest\/509402-pakistan-likely-to-plunge-into-chaos-as-president-alvi-to-announce-election-date-anytime-soon\">pressure<\/a> from the PTI, the president met with <a href=\"https:\/\/www.dawn.com\/news\/1775355\">interim Law Minister Ahmed Irfan<\/a> twice to convince the caretaker setup to expedite the election process.<\/p>\n<p>However, the ministry remained adamant that the election date was the sole prerogative of the ECP and not the president.<\/p>\n<p>This brings forward the question: Do Election Act amendments hold precedence over the Constitution?<\/p>\n<p>In light of this question, <em>Dawn.com<\/em> reached out to experts on the legal status of the president possibly announcing the election date.<\/p>\n<h2><a id=\"constitution-over-all\" href=\"#constitution-over-all\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>\u2018Constitution over all\u2019<\/h2>\n<p>Political commentator Abdul Moiz Jaferii, a senior partner, litigation lawyer and consultant at HWP Law states: \u201cThe president derives his power to announce the election date from the Constitution. This is an authority which takes primacy over any claims that the ECP may make with regard to their power to announce electoral dates, which are derived from the law which governs them.\u201d<\/p>\n<p>He added that the power of the ECP, in any case, is subject to the constitutional command of elections within 90 days of an assembly\u2019s dissolution, which the president is seeking adherence to: \u201cThere is very little by way of leverage here in terms of the law.\u201d<\/p>\n<p>If the ECP opts to disregard the president\u2019s announcement, this issue ought to reach the Supreme Court directly where \u201cany judge would be hard pressed to read the Constitution in any way which would allow for a break from the 90 days elections deadline,\u201d says Jaferii.<\/p>\n<h2><a id=\"subordinate-legislation\" href=\"#subordinate-legislation\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>\u2018Subordinate legislation\u2019<\/h2>\n<p>Barrister Ahmad Pansota, founding partner at Ahmed &amp; Pansota and legal analyst, holds a similar view, stating that \u201cthe power of the president to set a date [for election] under Article 48(5) is independent power under the Constitution; it is not subservient to any other provision of the Constitution.\u201d<\/p>\n<p>This power has to be read in conjunction with Article 224, which mandates that elections be held within 90 days, in case the assembly is prematurely dissolved, says Pansota. \u201cEven in that case, it is his power.\u201d<\/p>\n<p>He argues that the recent amendments to the Election Act are subordinate legislation [to the Constitution], which are in conflict with the provisions of the Constitution: \u201cIf there is any such conflict, then, of course, the Constitution prevails and here, I believe the Constitution shall prevail and the president is duty-bound to give an election date under Article 48(5).\u201d<\/p>\n<h2><a id=\"the-ecp-should-do-its-job\" href=\"#the-ecp-should-do-its-job\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>\u2018The ECP should do its job\u2019<\/h2>\n<p>Barrister Rida Hosain argues that \u201cconstitutional power cannot be taken away or overridden through ordinary legislation\u201d.<\/p>\n<p>\u201cCrucially, the amended Section 57 states that it is \u2018subject to the Constitution\u2019. Even otherwise, ordinary legislation is subordinate to the Constitution.\u201d<\/p>\n<p>Hosain further comments that the president\u2019s authority to appoint the date for elections under the Constitution cannot be \u201ctaken away or overridden through ordinary legislation\u201d.<\/p>\n<p>\u201cThe amendment can only engage when the Constitution is silent. In the current situation, President Arif Alvi dissolved the National Assembly on the prime minister\u2019s advice. When the president dissolves the National Assembly, it is the President that shall appoint a date for general elections under the Constitution.\u201d<\/p>\n<p>Commenting on the ECP\u2019s role Hosain says, \u201cThe primary duty of the ECP is to organise and conduct elections honestly, justly, fairly, and in accordance with law. The ECP should do its job.\u201d<\/p>\n<h2><a id=\"too-little-too-late\" href=\"#too-little-too-late\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>\u2018Too little, too late\u2019<\/h2>\n<p>Special Assistant to the Sindh Chief Minister, Mirza Moiz Baig and former associate to the Attorney-General for Pakistan, comments that while the recent amendments to the Election Act dispenses the ECP from consulting the president on the announcement of an election date, the Election Act cannot depart from the command of the Constitution.\u201c<\/p>\n<p>However, Baig also points out that \u201cthe entire episode also betrays the president\u2019s scant regard for the Constitution\u201d. \u201cIt may be borne in mind that the president had given his assent to the amendments to the Election Act. More importantly, the president continued to procrastinate after the dissolution of the assembly, choosing to consult the ECP only towards the end of his tenure.<\/p>\n<p>\u201cIt is, thus, inescapable that the president\u2019s attempt to consult the commission or unilaterally announce an election date is merely an attempt to secure his post-retirement political career.\u201d<\/p>\n<h2><a id=\"necessary-checks-and-balances\" href=\"#necessary-checks-and-balances\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Necessary checks and balances<\/h2>\n<p>Lawyer Ayman Zafar, legal associate at SR Law, states that the recent amendment to the 2017 act, has \u201ceffectively relegated the presidential role to a mere formality, a move that appears to be in contravention of the constitutional provisions outlined in Article 48(5).<\/p>\n<p>\u201cThis has altered the previously consultative process, prompting concerns about its compliance with the fundamental tenets of the Constitution.<\/p>\n<p>\u201cThere is a degree of uncertainty regarding the predictability of this [newly outlined] process. It is conceivable that the ECP may announce an election date and subsequently adjust it as it deems necessary, raising questions about the flexibility and discretion inherent in this newly vested power.\u201d<\/p>\n<p>\u201cThus, it is imperative to acknowledge that any actions taken by the president in light of the issuance of a date for elections, should not be termed as being \u2018indicative of unilateral presidential action\u2019, but rather as a lawful and constitutionally-embedded process aimed at upholding the principles of democracy and the rule of law,\u201d says Zafar.<\/p>\n<p>Zafar believes that the legal provisions in the Constitution emphasise the importance of checks and balances within Pakistan\u2019s political framework.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Dawn.com speaks to legal experts to hear their takes on this question. Will he or won\u2019t he? This is the question that\u2019s on observers\u2019 minds as reports swirl that President Arif Alvi would unilaterally announce an election date. Since the president signed off on the National Assembly\u2019s dissolution on August 9, the Election Commission of [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":3348,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2023\/09\/12164437d287cc1.jpg?r=164916","fifu_image_alt":"","footnotes":""},"categories":[13],"tags":[],"class_list":["post-3347","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/3347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=3347"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/3347\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/3348"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=3347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=3347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=3347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}