In a recent development, President Dr. Arif Alvi has proposed November 6, 2023, as the date for Pakistan’s upcoming general elections. This choice has caused a lot of commotion because it started a debate about who gets to decide when the elections should happen. This has raised worries about a constitutional crisis.
The President’s Proposal
President Arif Alvi sent a letter to Chief Election Commissioner (CEC) Sikandar Sultan Raja, where he pointed out that the National Assembly was dissolved on August 9th, following the advice of the then Prime Minister Shehbaz Sharif. According to Article 48(5) of the Constitution, the President has the power to appoint a date for the general election within 90 days of the dissolution. Hence, he suggested that the election should take place on November 6, 2023, which is the 89th day after the dissolution.
However, this idea has caused a disagreement about the law and the Constitution.
The Legal and Constitutional Standoff
President Alvi’s proposal has been met with differing interpretations of Pakistan’s Constitution and electoral laws. While he believes it’s his duty to set the election date, the CEC and the federal law ministry argue that the Election Commission of Pakistan (ECP) should make this decision. They say that, since the last census was published on August 7, 2023, delimitation of constituencies is in progress, which is required by the Constitution and the Elections Act, 2017.
The ECP, political parties, and provincial governments also agree that holding general elections for both the National Assembly and provincial assemblies on the same day is important to promote unity and avoid unnecessary expenses.
In the midst of this legal debate, President Alvi’s legal team and the Attorney General for Pakistan have informed him that, due to amendments to the Election Act, he no longer has the authority to announce election dates unilaterally.
Stakeholder Opinions
The Pakistan Tehreek-e-Insaf (PTI), the political party to which President Alvi belongs, is urging for an immediate announcement of the election date. However, the Caretaker Federal Minister
for Information and Broadcasting, Murtaza Solangi, emphasizes that it’s the ECP’s responsibility to ensure fair elections and announce the date once delimitation is completed.
The Way Forward Given the complexity of the situation and the potential for a constitutional crisis, President Alvi suggests that the ECP consult with provincial governments, political parties, and, if necessary, seek guidance from the superior judiciary to determine a single date for the general elections to the national and provincial assemblies.
The situation regarding the proposed election date in Pakistan is causing quite a bit of debate and concern. Different parties have varying views on what the Constitution and the law say about setting the election date. As Pakistan deals with this tricky problem, it’s crucial to find a solution that follows the rules and makes sure the elections are fair. We can look forward to lots of serious talks and debates in the next few weeks and months as the country gets ready for the elections
