EDITORIAL: The president, Dr Arif Alvi, while presiding over a meeting of a subcommittee on emerging technologies in i-voting has categorically said that the final decision about the implementation of the electoral processes would be taken by the Election Commission of Pakistan (ECP). This indeed is a welcome assurance in the midst of a raging controversy over the government’s electoral reforms bill that includes the provision of voting machines. Whilst the ruling party steamrolled the electoral reforms amendment bill through the National Assembly over the objections of the Opposition, it also ignored the apprehensions of the third stakeholder: the ECP. The government did not do itself a favour by disregarding democratic consultations with the electoral body that has a constitutionally-mandated role to hold free, fair and impartial elections. The ECP has now taken strong exception to the bill. After its meeting on Tuesday, it issued a statement expressing regret that its submissions to the relevant parliamentary committee were not included in the bill.
The ECP has valid concerns about the dilution of its constitutional powers as well as the applicability of some other measures. As per the proposed changes, its responsibility of preparing electoral rolls is to be handed to the National Database and Registration Authority (NADRA). Since it is not an independent entity like the ECP and reports to the executive, that puts into question its ability to act impartially. NADRA also is to preside over voter registration, which is an exclusive power of the ECP under Article 219 of the Constitution. Furthermore, it gets authorised to correct electoral rolls which, again, is a constitutionally-mandated responsibility of the ECP. That amounts to considerable weakening of its authority, which is a matter of concern. Then there is the impracticability of various procedural changes. As per the proposed amendments, delimitation of constituencies is to be based on the number of voters instead of population. That, ECP points out, is not only against Article 51 (5) of the Constitution, it may also require enhancement of seats in urban areas as the listed voters may be residing in such areas temporarily. The commission has also taken issue with the government’s two pet projects: granting voting rights to overseas Pakistanis and use of electronic voting machines (EVMs). The voting right, it contends, cannot be given until the approval of a required legislation by Parliament, which also needs to address various practical aspects of the issue such as whether there should be extra seats in the apex legislature as well as the procedure adopted for them to vote. The government has proposed voting by internet as well, apparently, to accommodate overseas voters. That is open to manipulation. If the unsavoury experience of the last general election is any guide when the Results Transmission System broke down leading to allegations of rigging, reliance on EVMs or internet could easily give rise to endless allegations of voting fraud.
The proposed electoral amendments are to be made through statutory enactment. As the objections raised by the ECP show, the proposed amendments are violative of several constitutional provisions. It would not be surprising therefore if the bill is challenged in the Supreme Court. That could easily put paid to government plans of making changes in the electoral law to suit its fancy.
Copyright Business Recorder, 2021
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