Elections Act, 2017: Senate body calls for review of overlapping jurisdictions

ISLAMABAD: A Senate panel on Tuesday called for a comprehensive review of overlapping legal jurisdictions, warning that conflicting provisions in the Elections Act, 2017, could create uncertainty over the appropriate appellate forum for election disputes following the 27th Constitutional Amendment.

The Senate Standing Committee on Law and Justice, chaired by Farooq Naek, on Tuesday considered the Elections (Amendment) Bill, 2026, aimed at aligning the law with the establishment of the Federal Constitutional Court (FCC) and its jurisdiction under Article 175F of the Constitution.

Law Minister Azam Nazeer Tarar informed the committee that several provisions of the Elections Act continued to refer to the Supreme Court despite constitutional changes transferring certain matters to the FCC. These include matters relating to political parties under Article 17(2), defection cases under Article 63A and election tribunal decisions.

The committee expressed particular concern over conflicting provisions governing appeals. Section 9(5) allows an appeal against an Election Commission of Pakistan (ECP) declaration annulling a poll to be filed before the Supreme Court.

However, the proposed amendment to Section 155(1) seeks to transfer appeals against election tribunal decisions from the Supreme Court to the FCC.

Members warned that retaining overlapping provisions could leave litigants uncertain about where to challenge election-related decisions.

Naek said the distribution of election jurisdiction among high courts, the Supreme Court and the FCC was complex and required a comprehensive review.

He suggested addressing the issue through a broader electoral reform process rather than piecemeal amendments.

The committee also criticised the fragmented approach of government ministries towards legislative amendments, stressing that proposed changes to key laws should be examined by legal experts, parliamentarians and practising lawyers.

The discussion covered amendments to the Pakistan Penal Code, Code of Criminal Procedure and Qanun-e-Shahadat Order.

Tarar said ministries proposing legislative changes should bring them before the relevant forum under the Rules of Business, 1973, identifying the Senate law committee as the principal platform for scrutiny.

The committee agreed to take up jurisdictional overlaps and procedural anomalies with the Senate chairman.

It deferred consideration of the Criminal Laws (Amendment) (Honour Killings Prevention) Bill, 2026, moved by Senator Samina Mumtaz Zehri, due to her absence.

The committee also raised questions about the constitutional status and privileges of state ministers, including cabinet membership, entitlement to diplomatic passports and the use of national flags on official vehicles. Naek directed that the matter be discussed at the next meeting.

Separately, members expressed dissatisfaction with an incomplete briefing by the Ministry of Law and Justice on special courts and tribunals, their pending cases and caseload management.

The ministry was directed to submit a more comprehensive report, including details of personnel performing quasi-judicial functions in certain ombudsman offices.

Copyright Business Recorder, 2026