Whereas the law and Constitution prescribe in a clear, categorical and straightforward manner the time span as well as method and procedure for holding General Elections to Parliament and provincial legislatures, the bickering between the PTI and PDM proves a stumbling block.
Such bickering serves a profound objective for each: the former is hell-bent on jumping into the electoral arena at any cost to get back on the saddle. The latter, however, foreseeing a doomsday scenario in the electoral process, owing to flop performance in governance, is out to block any such attempt. It fears the resumption of the dreadful process of accountability again, as promised by the PTI leader. Courtesy friendly Parliament, they managed to make kosher billions of rupees of the proceeds of corruption by changing the NAB Ordinance and wish to continue to enjoy such immunity.
The result is deliberate efforts being made to evade the electoral battlefield. Consequently, small minions in the shape of Governors are being employed to forestall any such eventuality. The casualty, regrettably, is the law and the Constitution, state institutions and the system of good governance. None is conscious of the damage inflicted on the economy, on the brink of collapse; the galloping inflation, breaking the back of the middle and lower classes; rise in militancy and terrorism, maladministration and deterioration of the law-and-order situation.
In the given scenario, perhaps the superior courts are well-placed to come to the rescue of the democratic system and functioning of constitutional machinery in the country. Cases to this effect are pending in the High Courts and need to be promptly decided to end the electoral imbroglio, created by vested interests to serve their narrow political ends or objectives
Pakistan is not cursed to be in a state of constant crises and turmoil or destined to suffer periodic bouts of political instability. The character and conduct of politicians though, made it so! The State institutions and their functionaries equally contribute to developing such scenarios through their actions and inactions. An example is the current crisis: the refusal of the Chief Election Commissioner to meet the head of the State, when summoned for consultation; and the President unilaterally fixing a date for general elections of the two dissolved assemblies, without any consultation, as required by law and Constitution. No wonder, the decision stands rejected by the Government. The result is stalemate.
The situation would not have arisen, if the Governors of the Punjab and KP were not guilty of deliberately committing violation of the clear and categorical command of the Constitution. Article 51 (3) stipulates that whenever a provincial assembly gets dissolved by the advice of the Chief Minister, the Governor “shall, (a) appoint a date, not later than ninety days from the date of dissolution, for a holding general election to the assembly; and (b) appoint a care-taker Cabinet”. Thus, no sooner were the assemblies dissolved than both the Governors hurried to set up caretaker setups.
Having partly complied with the same provision, they are now dragging their feet on fulfilling the remaining part, namely, fixing the election date. Being appointed by the PM and remaining in office during his pleasure, they are obliging him, contrary to their oath of office, requiring them to honestly and faithfully perform their functions to “preserve, protect and defend the Constitution”. Thus, there is no ambiguity or confusion in the law or Constitution. Frankly, both of them are playing with wordings of the Constitution and deliberately attempting to violate, nay, subvert the Constitution. The PM too cannot escape the charge of conspiring, aiding and abetting the charge.
As regards the role of the President in fixing a date for election, let it be stated that that Section 57 (1) of the Election Act 2017 makes it abundantly clear that, “The President shall announce a date or dates of the general elections after consultation with the [Election] Commission”. Only thereafter, the Commission can issue notification of the election programme/schedule. The Constitution (Article218) obligates the Commission to make necessary arrangements to ensure that election is conducted “honestly, justly, fairly and in accordance with the law, and that corrupt practices are guarded against”. There is no clause in the law or Constitution, obliging the Election Commission to fix or announce the dates of general election of the National assembly or a Provincial Assembly.
In the current scenario, quite obviously, the President has no independent role and authority to fix a date for holding elections for provincial assemblies, hence, his present notification is an abuse and excess of authority. The rash manner, it is done, exposes him to the criticism of playing a partisan role to favour his parent political party,. the PTI.
He needs to be reminded though that according to Article 41 of the Constitution, as Head of the State, he “shall represent the unity of the Republic”, and is expected to be neutral. He is equally obliged to stand by the Constitution and not allow his personal interest to influence his official conduct or official decisions. He is oathbound to “do right to all manner of people, according to law, without fear or favour, affection or ill-will”.
Furthermore, Article 48 (1) provides that, “For exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister”. He is thus bound to follow such advice whether he likes it or otherwise. He enjoys few discretionary powers, which are clearly specified. Thus, he is required to abide by and strictly follow the constitutional scheme of things and desist from taking a step or making a decision, which tantamount to constituting a breach or infringement of the Constitution. Failing to do so, may lend him in political turmoil, and illegal or unconstitutional actions may attract the charge of subverting the Constitution.
In the given scenario, perhaps the superior courts are well-placed to come to the rescue of the democratic system and functioning of constitutional machinery in the country. Cases to this effect are pending in the High Courts and need to be promptly decided to end the electoral imbroglio, created by vested interests to serve their narrow political ends or objectives.
The timely intervention of the Supreme Court in the sad saga of rejection of the no confidence motion against the former PM Imran Khan and abrupt dissolution of the National Assembly by the President on his advice, was well received by the legal and intellectual fraternities, and indeed bewildered citizens, in ending the crisis and saving the political system from another derangement. The country, already in dire straits, can ill-afford to let go of the current stalemate.
