This is apropos letters to the Editor headlined “Reckless Amendment” by this writer carried by the newspaper on Tuesday and yesterday. These amendments, initially seen as advantageous for the government, may soon backfire and cause more harm to the ruling party than to any other institution.
The removal of limitations on the right to appeal may end up benefiting the PTI more than the government itself.
In established democracies like the United Kingdom, United States, and Germany, there is a strong emphasis on the principle of legal certainty, which ensures that laws remain consistent and predictable, especially in matters like elections.
Once elections are held under a specific law, subsequent processes—such as seat allocation, party status determination, and legal challenges—typically follow the legal framework in place at the time of the election.
This principle ensures fairness, transparency, and respect for the democratic process. For example, in the US presidential elections, the Electoral College process and state laws governing elections remain fixed and unaltered throughout the election cycle.
Any changes to election laws or procedures are implemented prospectively, not retrospectively, to avoid influencing the outcome of elections that have already taken place.
In the case of Pakistan, the government’s retrospective amendments to the Election Act 2023 appear to be an attempt to influence election outcomes and subsequent legal and procedural matters.
Such amendments, especially if enacted with the intention of impacting ongoing court cases or the allocation of seats, violate the principles of legal certainty and rule of law. They create a sense of instability and undermine public trust in democratic processes. Comparatively, established democracies typically avoid retrospective legislation that directly affects election outcomes.
For instance, in the UK, the Representation of the People Act (which governs elections) undergoes amendments, but these are always applied to future elections. This ensures that the rules remain consistent throughout an electoral cycle, preventing any manipulation of election results post-facto.
Qamar Bashir
Copyright Business Recorder, 2024
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