There are no two opinions on the need to reform and empower the Election Commission of Pakistan so that it can conduct elections in an impartial manner. Hence it figures in the Charter of Democracy (CoD), as well, which calls for an independent, autonomous and impartial Election Commission. And to ensure impartiality it suggests government-opposition consultation for the appointment of Chief Election Commissioner, members of the Commission and its secretary.
As per the CoD, the Prime Minister, in consultation with the Leader of the Opposition, shall forward three names, each, for these positions to a parliamentary commission for approval. Giving its input on the proposed reform of the public representation system, the Election Commission (EC) has made some odd recommendations.
On the issue of appointments, it makes no mention of the bi-partisan commission, and suggests that the President should appoint the Chief Election Commissioner in consultation with the Prime Minister and Leader of the Opposition. The proposal should still be acceptable as long as consultation with the Leader of the Opposition is binding on the Prime Minister and the President.
But what is beyond comprehension is the recommendation that Article 48(5) of the Constitution be amended so as to provide that where the President dissolves the National Assembly, he shall do so in consultation with the Chief Election Commissioner. Dissolution of the national legislature, needless to say, is a political decision, hence, in a parliamentary democracy, it is for the Prime Minister to decide when to do that and to advise the President accordingly.
The EC only has the administrative responsibility of ensuring that fresh elections are held in a free and fair manner within the stipulated time frame. The EC is also reported to have recommended that a person elected to more than one seat should be responsible for making payment, as may be determined by the EC, for expenditure involved on conducting bye-elections to a seat or seats vacated by a winner of more than one seat.
The proposal completely misses the point that elections are not merely an administrative affair, they are about the more serious business of allowing people to present themselves before the public for representation in the highest public forums, at the national as well as provincial levels. Getting elected from more than one constituency is reflective of a candidate's and his/her party's wider support, and hence something worthy of respect.
Besides, contesting elections already being a costly business, the EC should think of ways to bring down the cost rather than to raise it further. In any case, it should confine itself to making recommendations that would enable it to function as an independent body, free from any outside influence in the conduct of elections.