In a dramatic turn of events, the Senate and the National Assembly of Pakistan have passed the Elections (Amendment) Bill 2024, which includes significant changes to the election process and the disqualification period for lawmakers. The bill empowers the Election Commission of Pakistan (ECP) to unilaterally determine the date for general elections without consulting the president. Additionally, it limits the disqualification of lawmakers to a maximum of five years with retrospective effect.
Senate Passage: Opposition claims “person-specific legislation”
The Senate passed the bill, which originally focused on empowering the ECP, but a controversial amendment limiting the disqualification period was added during the session. The opposition criticized the amendment, labeling it as “person-specific legislation” aimed at benefiting certain individuals, including former prime minister Nawaz Sharif and politician Jehangir Tareen.
National Assembly Approval: Empowering the ECP and limiting disqualification
Following its passage in the Senate, the Elections (Amendment) Bill 2024 was presented in the National Assembly. The bill was expanded to include provisions empowering the ECP to independently announce election dates without presidential consultation which was earlier held by the presidential office via an ordinance at the time of martial law under Zia ul Haq.
The bill included amendments to Sections 57(1) and 58 of the Elections Act that would now provide this authority to the ECP. Regarding disqualification, the bill amended Section 232 of the Election Act, specifying that disqualification under Article 62(1)(f) would not exceed five years from the court’s declaration.
Government’s Response and Justification
Law Minister Azam Nazeer Tarar defended the bill, emphasising that it was within parliament’s authority to legislate and that the Constitution allowed for subordinate legislation. He clarified that the bill aimed to address an anomaly highlighted by the ECP and had received consensus from a joint parliamentary committee.
Opposition Cries Way Paved for Nawaz
The opposition, particularly the Leader of the Opposition in the Senate, Shahzad Waseem, vehemently opposed the bill, citing constitutional provisions that cannot be changed through ordinary legislation. Waseem argued that the bill undermined the Constitution and described it as an attempt to sideline constitutional provisions through ambiguous legislation.
Opposition members in the Assembly also expressed concern that the amendments were specifically tailored to benefit certain individuals, including Nawaz Sharif and Jehangir Tareen. However, Defense Minister Khawaja Asif disputed this claim, asserting that the disqualification amendment was not solely directed at Nawaz Sharif, but was rather a broader issue related to constitutional rights.
Final Approval and Implementation
With the bill’s passage in the National Assembly, it now awaits the final approval of President Dr. Arif Alvi. Once approved, the amendments will come into immediate effect, reshaping the election process and limiting the disqualification period for lawmakers in Pakistan.
