ISLAMABAD: The Ministry of Law and Justice on Wednesday informed President Arif Alvi that it believes that the Election Commission of Pakistan (ECP) has not “announced or fixed the date” for holding and conducting national and general elections. Competent Authority”. Provincial Assemblies
The Ministry, through its Secretary, responded to the President’s letter seeking the Ministry’s input on the ECP’s reply that the election watchdog was not required to consult the President for fixing the election date.
Last week, President Alvi had written to the ministry seeking its “advice” on the ECP’s letter, which said the head of state no longer had the power to fix the date for the polls.
In a statement on X, formerly known as Twitter, the Presidency said that Alvi had written to the secretary of the ministry on the ECP’s reply to which he had asked to fix the date of the polls. Sent for a meeting.
The ECP responded to the President’s letter – in which he had invited Chief Election Commissioner (CEC) Sikandar Sultan Raja – asking him to fix the date of the polls after the amendments in the election rules. Do not have authority.
The development came at a meeting chaired by the CEC Raja which deliberated on the matter and concluded that the meeting would be “less productive”.
In a letter to the CEC, Dr Alvi said that since the National Assembly was dissolved on August 9, 2023, under Article 48 (5) of the Constitution he (as President) was bound to fix the date after 90 days. From the date of dissolution for the holding of general elections to the National Assembly
The ministry explained in its response today that Article 48(5) empowers the President to fix a date for holding general elections to the National Assembly only where the lower house has been dissolved by the head of state. Article 58(2) of the Constitution of Pakistan.
In the current situation, the National Assembly was dissolved on the advice of the Prime Minister under Article 58(1) of the Constitution. It is worth noting that advice under Article 58(1) has more binding effect than advice under Article 48(1). Unlike Article 48(1), under which the President can send back the advice for reconsideration, Article 58(1) does not allow the President to send back the advice for reconsideration under it. An advice under Article 58(1) becomes effective after the expiration of forty-eight (48) hours, which itself implies that the President has no power to do anything but act on the advice,” the Ministry said. said
The letter also stated that Article 48(5) does not cover the dissolution of the National Assembly under Article 58(1).
It is important to state that even if the President’s opinion is accepted for the sake of argument, the President will only be able to fix the date for the general elections of the National Assembly and not for the provincial assemblies. defeats the purpose of holding and conducting elections across the country. Therefore, Section 57(1) of the Elections Act, 2017 was amended to empower the Election Commission of Pakistan to announce the date or dates of general elections across the country. Consequently, the Election Commission of Pakistan has the authority to announce or appoint the date of general elections,” the ministry said.
It also said that if the President’s position is followed, it will be that, barring Punjab, the governor will fix the dates for the remaining three provincial assemblies and the ECP will fix the date for Punjab.
“Consequently, there is a strong possibility that the general elections for each of the National and four (4) Provincial Assemblies will be held on different dates. This cannot happen and if it does, the holding of free and fair elections across the country And the holding will suffer,” the ministry said.
The Ministry concluded that in its view, Articles 48, 58, 218 and 222 read with Section 57 of the Elections Act, 2017 make it clear that the announcement or appointment of a date for the holding and holding of ECP general elections. It is the competent authority to do so. National Assembly and Provincial Assemblies”.
