Impending Govt-Opp talks: Sticking points of electoral reforms may subvert dialogue

ISLAMABAD: The diametrically opposed stands of the government and the opposition parties on at least five amendments to the Elections Act, passed by the National Assembly, are the key sticking points that have the potential to rock their impending dialogue intended to hammer out a consensus on the electoral reforms package.

The objections publicly aired by the Election Commission of Pakistan (ECP) on 45 out of 72 amendments inserted in the Elections Act, 2017 are distinct from this stumbling block.

The government and the opposition have taken rigid stances on the use of Electronic Voting Machines (EVMs), voting rights to overseas Pakistanis, the disqualification cut-off date, discounting the relevant constitutional provisions, open ballot in the Senate elections in place of secret vote, transferring the ECP roles in various aspects to the National Database & Registration Authority (Nadra) etc.

A comprehensive package of amendments was unilaterally passed by the National Assembly as per the government’s plan on June 10 amid the opposition’s protest. It now awaits approval from the Senate which has referred it to the standing committee on parliamentary affairs. It may be in this panel that a consensus will be attempted apart from the consideration of all the 30 bills, cleared by the National Assembly in two days, in the 20-member bipartisan special committee on legislative business constituted by Speaker Asad Qaiser after consultation with the government and opposition parties.

The opposition parties have publicly supported and owned the rejection of several amendments by the ECP. However, the government has asserted that it is parliament and not the ECP which makes or changes the law and that this authority can’t be taken away by any other institution. Among other amendments, the opposition and the ECP have separately objected to the proposed disqualification cut-off date, saying that an ordinary law cannot regulate or supersede constitutional provisions. The amendment in the Elections Act says the cut-off date for the purpose of assessing the qualifications or disqualifications will be the date of scrutiny. It will take effect from October 2, 2017, when the Elections Act 2017 was notified.

The reservations voiced by the ECP would also come under discussion in the likely government-opposition talks. The ECP stresses that a number of amendments are meant to curtail its powers, bestowed upon it by the Constitution and the Elections Act.

The task of preparing and revising electoral rolls has been assigned to Nadra despite the constitutional guarantee that no law passed by the parliament will have the effect of taking away or abridging any of powers of the ECP.

The ECP said that another amendment, which omitted five sections of the Election Act, is in conflict with Articles 219(a) & 222, which contemplate a periodical revision of electoral rolls, which is one of the prime duties of the ECP, and guarantee that no law passed by the Parliament will have the effect of taking away or abridging any of the powers of the Chief Election Commissioner (CEC) or the ECP.

The ECP has opposed delimitation of constituencies on the basis of enrolled voters and not the population in every constituency on the grounds that Article 51(5) provides that the allocation of seats will be made on account of population. It opined that this amendment will be subject to another change in Article 51(5) which provides criteria for distribution of seats among federating units on the basis of voters instead of population.

The ECP says it is its constitutional function to prepare and periodically revise electoral rolls to keep them up-to-date. This duty can’t be taken away by Nadra. It also stated that appointment of registration officers for preparation, revision and correction of voters’ list can’t be assigned to any other organization.

It concluded that the amendment to the effect will lead to shifting of the power of registration to Nadra from the ECP and it is not practicable as it seeks transmission of data from Nadra to the ECP for voters’ registration.

The ECP expressed the view that another amendment, dealing with ‘party lists for reserved seats’, will make it impossible for it to declare the results of all seats, including reserved seats, 14 days after the polling day as required by Article 224. It said that generally, the ECP notifies the names of candidates elected on reserved seats four days after the declaration of results of general seats allowing three days to independent candidates to join any party. If a priority list is provided three days after the results of general seats, the ECP will not be able to declare the results in accordance with the Constitution. There is also apprehension that after the announcement of results of general seats, the candidates for reserved seats may engage in corrupt practices in order to get confirmed seats.

The Senate standing committee on parliamentary affairs to which the electoral reforms package has been sent for consideration and finalization is headed by Pakistan People’s Party (PPP) senator Taj Haider. It consists of 13 senators besides the ex-officio member, the parliamentary affairs minister, who can’t vote.

The ruling coalition has eight members including the independents, who support it. They are Dr Farogh Naseem, Azam Swati, Sania Nishtar, Falak Naz, Liaqat Khan Tarakai, Shamim Afridi, Abida Muhammad Azeem and Hilalur Rehman. The opposition parties have five members: the chairman - Molvi Faiz Muhammad, Mustafa Nawaz Khokhar, Prof. Sajid Mir and Rana Mahmoodul Hassan.