Daily Times

With general elections around the corner, and our country amidst a political crisis, one where our elected representatives are being sent home one-by-one, it seems that an option to further narrow down the selection criterion in our electoral system is imperative. Without getting into the argument whether the fate of elected representatives is being decided by an ‘activist’ judiciary or otherwise, it is important to discuss what exactly is an ‘elected representative’ in Pakistan, and why should there be an option of ‘none of the above’ in Pakistan’s electoral system.

By way of elections, the people of Pakistan elect a bicameral legislature, consisting of the national assembly, being the lower house, and the senate, being the upper house. The upper house’s members are elected by the members of provincial houses who are direct representatives of the people of Pakistan. Subsequently, the prime minister, who is the head of the government, is elected by the majority of the members of national assembly, whereas, the head of the state, the president is elected by the electoral college, consisting of the members of the national assembly, the senate, and the provincial assemblies.  It is important to understand that the representatives in the national assembly as well as the provincial assemblies are elected directly by the people, whereas the representatives on the seats of senate are elected indirectly. Any candidate, who gets the majority of votes, is declared as the returned candidate or the elected representative.

The very idea behind this additional option in the ballot paper is to show disapproval of all the candidates contesting the elections

So there is a concept of ‘none of the above’ or ‘scratch vote’ in some parts of the world. The very idea behind this additional option in the ballot paper is to show disapproval of all the candidates contesting the elections. This option helps people to not only elect the person/party of their own choice, but also show dissatisfaction for the parties or their nominated candidates. Our neighboring country, India, has adopted this practice. However, it must be noted that India is one of those countries where the right to vote is considered a statutory right, rather than a fundamental one. The Supreme Court of India, in 2013, in the case titled People’s Union for Civil Liberties and Another Vs. Union of India and Another (Writ Petition (Civil) 161/2004) ruled in favor of granting right to vote for ‘none’ through the ballot paper, mainly on the grounds of secrecy. Similarly, this option also exists in a number of other states; however, what is important to highlight is that even with the existence of this option, the candidate bagging majority votes is selected as a returned candidate.

Pakistan has never had such an option in the ballot paper, and therefore the people of Pakistan are forced to choose from the available options. As a result many people prefer not to vote at all due to their reservations for all the contesting candidates. At this time when, due to the ongoing saga of judicial accountability of the political personalities, the people of Pakistan have become more aware and interested in the politics of their country, the demand for a ‘none of the above’ option in the ballot paper has become more valid.

There is no doubt that choosing the person of choice in elections is the fundamental right of every individual (Ref: Province of Sindh, etc Vs. MQM, etc (PLD 2014 SC 531)). This unimpeachable right is enshrined in the country’s constitution, and must, therefore, be available to every individual in the country. The scratch vote will provide a gateway to people who do not support any of the nominated candidates to exercise their fundamental right to vote. In this way, they’ll have their voices heard.

More importantly, the scratch vote would allow a people’s representative, in the truest sense of the term, to be ‘elected’. However, this would require additional effort. Unlike the current practice, where the votes casted as ‘none of the above’ are rejected, these votes would have to be counted and heard as people’s voice. If ‘none of the above’ vote is in majority, the election should be re-held, excluding those candidates who have been rejected by the scratch vote.

Though a seemingly inconceivable idea, the scratch vote is a system of accountability needed in our democratic system to ensure that we have representatives in whom we repose our confidence.

The writer is a Lawyer based in Lahore. He has a degree in Law from Lahore University of Management Sciences.He can be reached at javedahaseeb@gmail.com or Twitter: @haseebajaved

Published in Daily Times, May 5^th 2018.