Contentious amendments in polls law: Efforts to evolve consensus to be made in Senate panel once again

ISLAMABAD: The package of massive electoral reforms passed by the National Assembly will come under discussion in a Senate panel for the second time on Monday, with the government consenting to withdraw some of the contentious amendments in the Elections Act.

The secretaries of the Election Commission of Pakistan (ECP) and Parliamentary Affairs Ministry will brief the Senate Standing Committee on the 72 amendments inserted in the poll law as per the officially released agenda of the forum. The committee headed by Pakistan Peoples Party (PPP) leader Taj Haider comprises 13 senators apart from the non-voting ex-officio member, the parliamentary affairs minister. Others figuring in the forum are Azam Swati, Falak Naz, Liaqat Tarakai, Sania Nishtar, Farogh Naseem, Mustafa Nawaz Khokhar, Farooq H Naek, Prof Sajid Mir, Azam Nazeer Tarar, Abida Azeem, Kamran Murtaza and Hilalur Rehman.

In its inaugural meeting on July 12, the Senate committee made a slow start while deliberating upon the amendments with the objective of evolving a consensus. However, it left dealing with the contentious reforms to its next sessions. The National Assembly had recently hastily passed these amendments without a debate amid an opposition protest. Later, Speaker Asad Qaiser had formed a multi-party committee to take into consideration all the 30 laws unilaterally pushed through the lower house of parliament by the government on June 7 and 10. However, this committee has not held even a single meeting so far. The government has now indicated it will take back the controversial amendments and Attorney General of Pakistan Khalid Jawed Khan has stated that a number of the reforms are in conflict with the Constitution. He has advised Prime Minister Imran Khan to find a way out in consultation with the major stakeholders and political parties so that consensus electoral reforms can emerge. The attorney general was of the opinion that the National Database & Registration Authority (Nadra) could not be a substitute for the Election Commission of Pakistan (ECP), which was an independent constitutional institution. He said Nadra could provide technical assistance and extend a supportive role but can’t take away the functions given to the ECP by the Constitution. No unilateral and one-sided amendments would be made in the Elections Act, he said.

On its part, the ECP has objected to at least 45 amendments and publicly articulated its stand. It has complained that its senior officials were not allowed to give their side of the story in the National Assembly Standing Committee when the Commission had taken up the package. Additionally, the ECP’s recommendations on the proposed electoral reforms sent to the government were also disregarded. The members of the Senate panel say it is not possible that a consensus would be arrived at soon and a protracted discussion has to take place to reach an agreement so that the reforms are passed unanimously, just as the Elections Act, 2017 was. The disagreements mainly relate to the amendments pertaining to the use of electronic voting machines (EVMs), giving voting right to overseas Pakistanis, transferring the powers of the ECP to Nadra, the change of the cut-off date for disqualification and some others. The two sides have pinned their hopes on the Senate forum breaking the deadlock.