Arshad Mahmood Awan
The Role of the Election Commission of Pakistan in Ensuring Free and Fair Elections
The Election Commission of Pakistan (ECP) is a vital constitutional body entrusted with organizing and conducting elections in Pakistan. Established in accordance with Article 218 of the Constitution, the ECP operates with administrative and financial autonomy and has the authority to oversee the electoral process with fairness and transparency. All state institutions are mandated to support the ECP in fulfilling its constitutional duties.
Constitutional Provisions and Composition of the Election Commission
Article 218 of the Constitution outlines the establishment of the ECP and specifies its composition. It mandates the formation of a permanent Election Commission to conduct elections to the Parliament, Provincial Assemblies, and other specified public offices. The Commission consists of the Chief Election Commissioner and four members, one representing each province.
Qualification and Appointment of Commissioners
The Constitution sets forth specific qualifications for the commissioners of the ECP, emphasizing the importance of their experience and expertise. The commissioners are required to have a background as a judge of a High Court, a senior civil servant, or a technocrat, and must not exceed 65 years of age. The President is responsible for appointing the ECP commissioners as prescribed in the Constitution.
Duties and Responsibilities of the Commission
The ECP is entrusted with the crucial responsibility of organizing and conducting elections in an honest, just, and fair manner, in accordance with the law. This includes the significant task of holding general elections to the National Assembly, provincial assemblies, and local governments, thereby emphasizing the importance of the public’s participation in the electoral process. Additionally, the Commission is tasked with preparing electoral rolls, organizing and conducting elections to the Senate, and appointing election tribunals.
Support from Executive Authorities
Executive authorities at the federal and provincial levels are obligated to assist the Commission in the execution of its functions. It is the duty of all executive authorities to provide support to the Chief Election Commissioner and the Election Commission in carrying out their responsibilities, as mandated by Article 220 of the Constitution.
Appointment and Qualifications of the Chief Election Commissioner
The Chief Election Commissioner is appointed by the President, following a consultative process involving the Prime Minister, the Leader of the Opposition in the National Assembly, and a parliamentary committee. The parliamentary committee, which is a key part of this process, is responsible for reviewing the qualifications and suitability of the proposed candidate for the position of Chief Election Commissioner. Similar to the commissioners, the Chief Election Commissioner is required to possess specific qualifications, including experience as a judge of the Supreme Court, a senior civil servant, or a technocrat, and must not exceed 68 years of age.
Term of Office and Protection against Removal
The Chief Election Commissioner and the commissioners serve a term of five years, as stipulated in Article 215(1) of the Constitution. Furthermore, the Constitution provides safeguards to ensure the independence of the ECP by protecting the commissioners from arbitrary removal, except through the due process outlined in Article 209. This due process empowers the Supreme Judicial Council to handle matters of removal from office, ensuring that such decisions are made impartially and in accordance with the law.
In conclusion, the Election Commission of Pakistan plays a pivotal role in upholding the democratic process and ensuring the integrity of elections in the country, as enshrined in the Constitution. The Commission’s autonomy, coupled with its defined responsibilities, underscores its significance in fostering a transparent and accountable electoral system, thereby reassuring the public about the fairness of the process.
