THERE is no obvious constitutional path to delaying the general election.
The National Assembly and the provincial assemblies have been dissolved; the caretaker prime minister, retired chief justice of the Supreme Court Nasirul Mulk, has been sworn in; and while there is continuing uncertainty about who will head the new administrations in three provinces, the Constitution has a clearly defined procedure for selecting caretaker chief ministers within days of the dissolution of the assemblies.
Yet, there is persistent speculation that attempts will be made to derail the election schedule and delay, for an unspecified duration, the general election.
In a political landscape that is often flooded with conspiracy theories and speculation, it can be difficult to separate fact from fiction and mischief.
Are there efforts afoot by anti-democratic forces in the country to delay the election? Adding to the confusion is that in addition to the role of anti-democratic forces in the political process, mismanagement and opaque decision-making by the political class can invite outside intervention.
Legal experts can debate the merits of two judgements handed down by the superior judiciary on Friday: a Lahore High Court judgement declaring that the nomination forms — approved by parliament and to have been used by the ECP — have left out information important to voters; and a Balochistan High Court verdict nullifying the new delimitation of eight provincial assembly constituencies in Quetta.
The delay in holding a census and then, by necessity, the hurried efforts to draw up fresh constituency limits if the general election was to be held on time could have caused mistakes to happen.
In the case of the nomination forms, a potential controversy that was apparent since parliament approved a raft of changes in the electoral laws has materialised with the Lahore High Court judgement.
The ECP and the caretaker federal government have announced they will appeal against both judgements, and legal experts in the days ahead may be able to suggest ways to balance the requirements of electoral fairness and transparency with the need to adhere to constitutional election timelines.
Certainly, it is welcome that the prime minister, the chief justice of Pakistan and all major parties have vowed to support an on-time election and a historic transfer of power, and their support is necessary and instrumental to democratic continuity.
But consider that some of the main political protagonists have themselves contributed to the prevailing political uncertainty.
For example, the emphatic declaration by the PPP that it will under no circumstances accept any kind of electoral skulduggery is in contrast to the party leadership’s role only months ago in helping elect a complete political outsider to one of the highest offices in the land ie chairman of the Senate.
A democratic heist that will surely live in political infamy, the election of the chairman was a low point for the PPP.
Not without reason, then, is doubt persisting about an on-time election.
No comments:
Post a Comment