The Election Commission of Pakistan (ECP) is the constitutional body responsible for organizing and conducting elections in Pakistan. The ECP enjoys administrative and financial autonomy and all state institutions are required to support it in its discharge of its functions.
The Constitution and the Election Commission of Pakistan
Article 218 of the Constitution provides for the establishment of the ECP. Clause (1) reads “For the purpose of election to both Houses of Majlis-e- Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by a law, a permanent Election Commission shall be constituted in accordance with this Article.”
The Article further elaborates in Clause (2) that the Election Commission shall consist of:
- The Chief Election Commissioner and
- Four members, one from each province
Qualification and appointment of the Commissioners
Article 218 (2) of the Constitution also sets qualification for the commissioners of the ECP. It states that each of the commissioners shall be a person:
- Who has been a judge of a High Court or
- Has been a senior civil servant or
- Is a technocrat and
- Is not more than 65 years of age.
The President appoints the ECP Commissioners in the manner provided for appointment in Clauses (2A) and (2B) of Article 213.
Duties of the Commission (ECP)
Clause (3) of Article 218 of the Constitution elaborates the overall responsibility of the Commission. It states that it is the duty of the Commission to organize and conduct the election and to make arrangements as necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law, and that corrupt practices are guarded against.
Article 219 of the Constitution further segregates the duties in following terms:
The Commission is charged with the duty of:
- Preparing electoral rolls for elections to the National Assembly, provincial assemblies and local governments, and revising such rolls periodically to keep them up-to-date.
- Organizing and conducting elections to the Senate or filling casual vacancies in a house or a provincial assembly.
- Appointing election tribunals.
- Holding General Elections to the National Assembly, provincial assemblies and local governments.
Executive authorities to assist the Commission
Executive authorities are bound to act in aid of the Commission in its discharge of its duties and functions. Article 220 of the Constitution states: “It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commissioner and the Election Commission in the discharge of his or their functions.”
Appointment of the Chief Election Commissioner
According to Article 213 of the Constitution, the Chief Election Commissioner is appointed by the President. The Prime Minister, in consultation with the Leader of the Opposition in the National Assembly, forwards three names to a parliamentary committee for hearing and confirmation.
Qualifications of the Chief Election Commissioner
According to Clause (2) of Article 213 of the Constitution, a person my be appointed as Chief Election Commission if he or she:
- Has been a judge of the Supreme Court, or
- Has been a senior civil servant or
- Is a technocrat and
- Is not more than 68 years of age.
Term of Office of the Commissioners
The term of office for the Chief Election Commissioner and the four commissioners is five years. Article 215(1) of the Constitution clearly sets five-year terms for the Commissioner and the members from the day of their entering office.
Protection against removal from office
To ensure the ECP’s independence and sanctity, the Constitution has protected the tenure of office of its Chief Election Commissioner and the four members. According to Article 215(2) of the Constitution, the government or any other body cannot remove a Commissioner, except the Supreme Judicial Council that is empowered under Article 209 to remove judges from office.
ECP’s website
The Election Commission has a very active website https://www.ecp.gov.pk. Citizens can visit it and find information about elections and other related matters.