ISLAMABAD: The Supreme Court Bar Association (SCBA) strongly condemned the government’s decision to hold general elections on the basis of the 2023 census, which inevitably will cause an unconstitutional delay in the conduct of elections.
SCBA President Barrister Abid S Zuberi and Secretary Muqtedir Akhtar Shabbir in a statement, issued by the association’s office, on Monday, said it is incumbent upon the Election Commission of Pakistan (ECP) to conduct general elections within the timeframe given in the constitution.
Article 224 (2) of the Constitution makes it inexplicably clear that elections must be conducted within 90 days of the dissolution of the assemblies.
General election could be delayed
Therefore, the Election Commission is bound to announce a date for the general elections within 90 days and the same cannot be delayed on the basis of delimitation.
The SCBA top leaders stated that the recent increase in population requires an increased number of seats in the Provincial and National Assemblies, the same can only be secured through a constitutional amendment.
The provincial caretaker government has only one mandate under the law and the constitution and that is, ensuring fair and transparent elections in the Provincial Assembly within the time period stipulated under the Constitution.
Therefore, any involvement of the caretaker chief minister in the Council of Common Interests (CCI) and the federal government’s decision to conduct general elections on the basis of the 2023 census is illegal and beyond their mandate under the law.
The Supreme Court through its recent judgment in SMC No 01/2023 and CP No 01/2023 has made it clear that “the time periods so set down in Article 224(1) and (2) respectively are constitutional imperatives that command complete fidelity.”
Therefore, the conduct of elections on the basis of the 2023 census which will inevitably delay the conduct of elections is blatantly unconstitutional and against the fundamental rights of Pakistanis to be governed by a democratically-elected government.
Such tactics to delay elections only serve to disenfranchise the Pakistani nation and weaken the rule of law in the country. They said given the current political and constitutional crises in the country, all political parties and leaders must put their individual differences aside and further all efforts be made to ensure just, speedy and transparent elections in cooperation with the Election Commission in a fair and bipartisan manner. “Then only can we hope to restore stability, democracy, and rule of law in the country.”
A petition challenging the decision of CCI will be filed before the Supreme Court. The above-mentioned office bearers of the SCBA shall also call upon the legal community across the country to initiate a nationwide peaceful struggle aimed at safeguarding the Constitution and the rule of law in the event that general elections are postponed beyond the constitutionally-prescribed timeframe.
Such an action would signify a proactive stance by the legal fraternity to ensure that democratic processes and constitutional principles are upheld.
The SCBA continues to stand with the rule of law, democracy, and supremacy of the Constitution and will continue to vociferously advocate for the timely conduct of elections in a fair, just, and transparent manner.
Copyright Business Recorder, 2023
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