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Election Commission of Pakistan has proposed the government to amend the clauses pertaining to appointment of Chief Election Commissioner and setting the date for fresh elections. Sources at the Election Commission told APP on Monday that for the purpose they have proposed amendments in the articles 48 and 213 pertaining to Presidential powers for setting the date for fresh elections as well as appointment of the CEC.
According to sources, in article 48 clause (5), the Commission has proposed that the President, after dissolution of National Assembly, would consult the Chief Election Commissioner for setting new date for the polls. Existing clause (5) provides, when the President dissolves the National Assembly, setting new date and appointment of caretaker government, is his discretion.
But the proposed amendment provide, "where the President dissolves the National Assembly, he shall, in consultation with the Chief Election Commissioner,-(a) appoint a date, not later than [ninety] days from the date of the dissolution, for the holding of a general election to the Assembly; and (b) appoint a care-taker Cabinet, which shall be neutral and non-partisan. The care-taker Prime Minister, Chief Ministers and Ministers, as the case may be, shall not take part in the elections and/or political activities during their tenure of office."
To rationalise the amendment, the sources said, the powers and functions/responsibilities of the caretaker government are not clear as these have not been defined anywhere in the Constitution. ECP has observed that during the conduct of elections in the country, neutrality and credibility of the caretaker government some time becomes doubtful.
As some complaints were received from contesting candidates/ public regarding alleged involvement of the caretaker ministers in election by supporting one candidate or the other, the EC has proposed that the appointment of caretaker Prime Minister should be made in consultation with political parties represented in the National Assembly of Pakistan.
The caretaker government should not have the powers to appoint or transfer the government servants on large scale during their tenure. For amendment in article 213, the sources said, it has been proposed that new CEC should be appointed by the President in consultation with the Prime Minister and the Leader of the Opposition.
Currently, it is discretion of the President to appoint a person as CEC who is or has been, a judge of the Supreme Court or a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.
But, the amendment in Article 213, has proposed that "there shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President in consultation with the Prime Minister and the Leader of the Opposition in the National Assembly."
Similarly, "no person shall be appointed to be Commissioner unless he is, or has been, a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court. The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law."
Giving rationale, the Commission has stated, presently, appointment of CEC is made by the President in his discretion. The political parties, civil society organisations, media and foreign observation missions, have been constantly demanding that the appointment of CEC should be broad based in order to make this office more independent and acceptable to all stakeholders. The EC noted that in India too, CEC is appointed by the President on advice of the Prime Minister, who in turn consults the Cabinet before suggesting name of a CEC.

Copyright Associated Press of Pakistan, 2009

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