NA trims lifetime disqualification to five years

The National Assembly reduced the term of any lawmaker's lifetime disqualification under Article 62(1)(f) to five years through a new law, the Elections (Amendment) Bill 2023. Through the new bill, the NA has approved key amendments in the Election Act 2017 whereby the Election Commission of Pakistan (ECP) has been empowered to unilaterally announce election dates without the need to consult the president. The bill was passed during the NA session today where earlier, the lower house approved the federal budget for the upcoming fiscal 2023-24 as Pakistan tries to secure the crucial International Monetary Fund (IMF) in a final effort to clinch a much-delayed rescue package. Earlier, parliament and the judiciary came face to face after a three-judge bench—led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting of Justice Ijazul Ahsan and Justice Muneeb Akhtar—on April 4 ordered the ECP to hold elections for the Punjab Assembly on May 14. Rejecting the decision, the parliament first passed a resolution against the bench and later rejected a government bill seeking the release of funds for the polls. The coalition government and the ECP oppose polls in Punjab and Khyber Pakhtunkhwa (K-P) citing a lack of funds and security concerns while the SC bench and the Pakistan Tehreek-e-Insaf (PTI) party are pushing for holding elections within a 90-day constitutional period or a date close to it. As the apex court continues to hear the ECP's review plea together with petitions challenging the Supreme Court (Review of Judgements and Orders) Bill, 2023, the freshly introduced elections law is a noteworthy addition. It may be noted here that the bill was passed by the Senate on June 16. The Elections (Amendment) Bill 2023 was moved by Minister of State for Law and Justice Shahadat Awan amid protests by senators belonging to Jamaat-i-Islami and the PTI. Read Nawaz acquitted in plot allotment reference According to the statement of objects and reasons of the legislation, the Constitution envisages the duty of the ECP to organise and conduct elections honestly, fairly, and in accordance with the law. On the other hand, the other important amendment to Section 232 (Qualifications and Disqualifications) of the Election Act, 2017 which is also related to Article 62(1)(f) of the Constitution had been presented in the Senate by independent Senator Dilawar, Senator Kahuda Babar, Senator Danesh Kumar, and Ahmed Umer Ahmedzai. Requesting the Senate to pass the bill today, Senator Dilawar had stated that senior politician Jahangir Khan Tareen and the country's three-time prime minister and Pakistan Mulsim League-Nawaz (PML-N) supremo Nawaz Sharif fell victim to this law. In 2018, the SC had disqualified the premier and PML-N chief Nawaz Sharif and made it mandatory for lawmakers to meet conditions under Article 62 and 63. The Supreme Court’s short order had read, “As a consequence, it is declared that any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of the Constitution is debarred from holding the position of ‘Party head’ by whatever name called and prohibited from exercising any of the powers provided in the Article 63-A of the Constitution, as ‘Party Head’ or any other prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification /disqualification of such person continues in terms of provisions of Articles 62 and 63 of the Constitution.” With the new bill having sailed through both the lower and upper house, all eyes are on the Dubai huddle where important decisions are expected as key coalition government leaders are planning to meet the PML-N supremo to mull over a political strategy, including setting a date for the dissolution of assemblies, caretaker set-up and announcing the schedule for the upcoming general elections. Notably, the three-time former premier, who had been residing in London for medical treatment since 2019, has made a momentous return to the political arena by jetting to Dubai.

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