Daily Times

There is certainly more to the delay in announcing the schedule of the next round of general elections. Routinely hounded for not giving any hint as to when and how the democratic process would be allowed to continue, interim prime minister Anwaarul Haq Kakar noted on Friday how his administration had nothing to do whatsoever with the scheduling, “If I were to announce elections, I would be engaging in an unlawful act.” Not far away, the president, in a manner similar to a hapless king, keeps jumping squares, in desperation to assert himself. Against a heated clamour over his said unilateral declaration of the general polls, a letter from his office directed towards the Election Commission of Pakistan seemed to have created a longer list of confusing questions than it answered. Many in the opposition, determined to portray him as finally getting up and unleashing the wrath of his office upon all those who dared undermine his titular power, were in for a jot of surprise as Dr Arif Alvi clearly enunciated that the mandate regarding the elections lay with the election commission. This view had also been echoed by the prime minister when he reaffirmed his stance against any undue prolongment of the caretaker tenure.

Considering how the president has asked the election commission to hold deliberations with all parties before announcing the most viable date, the much-anticipated missive can be called a suggestion. Nothing more. Nothing else. Quoting Articles 48 (5) of the constitution that “empowers and mandates the president ‘to appoint a date not later than 90 days from the date of the dissolution, for the holding of a general election to the Assembly,” Dr Alvi had only connected the obvious dots when he raised the banner of “Monday, 6th of November, 2023.” It would not be a gross exaggeration to assume the 89th day of the given time perios as the official deadline however what to do when the all-encompassing body in this regard refuses to cede ground? In a stark contrast to Article 244, ECP believes in cleaning the house first and is in no mood to abide by the ticking clock. Thanks to an unprecedented legal and constitutional confusion created by the last government, the ECP cites the need for fresh delimitation of constituencies based on the census results. It has repeatedly mentioned Section 17(2) of the Elections Act which stipulates, “The commission shall delimit constituencies after every census is officially published.” This gains substance from the recently-passed amendment amendment to Section 57(1) of the Elections Act under which, “The commission shall announce the date or dates of the general elections by notification in the official gazette and shall call upon the constituencies to elect their representatives.”

Conducting general elections in Pakistan involves intricate coordination between various institutions.

If wishes could be horses, the beggars would fly. Despite what many in the former opposition would like to harp on, the president committed no extraordinary act of valour because he did not have any mandate whatsoever to lord over the Constitution and its assigned responsibilities. This was no announcement, no matter how far you may stretch his words because there existed no mechanism or executive right for him to appoint the election date. That he very sagaciously explained his own reasoning behind the swirling headlines before asking the CEC to discuss the matter with provincial ministries also stems from the fact that the caretaker law ministry and the provinces do not share his interpretation. Though important and dignified, a ceremonial office cannot force the rest of the country to carry out his commands. In a recent meeting held with the provincial law ministers, the caretaker law minister underscored how the constitution must be read as a whole and therefore, the conduct of general elections and announcement of election dates is the sole competence of the ECP. While the Commissioner can be seen agreeing on the need for free and fair elections in his many public interactions, the fact that conducting general elections in Pakistan involves intricate coordination between various institutions and stakeholders cannot be made light of.

It can only be hoped for the sake of constitutional trajectory and normalcy to return to our streets that invoking the higher judiciary for the umpteenth time would spell the magic word. With a new guard in place and everyone in Islamabad ready to follow its gavel, perhaps, the Supreme Court might break precedent and actually explain what the constitution does or does not say. Ignoring constitutional imperatives opened floodgates of perpetual instability in Punjab and Khyber Pakhtunkhwa and ergo, if the delay is inevitable, it should be kept at a bare minimum. But first, let there be clarity on whose deadline is to be followed.

The writer is Oped Editor (Daily Times) and can be reached at durenayab786@gmail.co. She tweets @dureakram