News
Thursday, July 08, 2010
ECP in a state of limbo* Government has not notified new parliamentary committee on appointment of ECP members, while 18th Amendment is silent on status of existing commission
By Irfan Ghauri
ISLAMABAD: Owing to confusion created on appointment of new members and inaction of the Law Ministry to clarify it after the passage of the 18th Constitutional Amendment, the Election Commission of Pakistan is in a state of limbo, raising questions on functioning of this constitutionally protected autonomous body.
After the 18th Amendment, all four members, that is, the serving judges of the high courts were to be replaced with retired judges but some legal hitches, including the procedure for their appointment, are yet to be removed.
Previously, under Article 218 of the constitution, the commission consisted of the commissioner, who acted as the chairman, and four members, each of whom was a judge of a high court from each province, and was appointed by the president after consultation with the chief justice of the high court concerned and with the commissioner.
The 18th Amendment has changed this, and now the new members will be retired judges of the high courts, appointed by a parliamentary committee comprising of an equal members from both treasury bench and the opposition members. Also, the tenure of the chief election commissioner has been enhanced from three to five years.
Confusion: The government has not notified the new parliamentary committee on the appointment of members of the commission, while the 18th Amendment is silent on the status of the existing commission until the formation of a new body.
Sources said the ECP has written twice to the Law Ministry in June last year to clarify these legal hitches, since the post of a member cannot remain vacant. However, the Law Ministry has failed to respond.
On the official website of the ECP, the previous members, Justice Iqbal Hameedur Rehman of the Lahore High Court, Justice Jamal Khan Mandokhail of the Balochistan High Court, Justice Faisal Arab of the Sindh High Court, and Justice Jehanzaib Rahim of the Peshawar High Court, are shown as members despite the passage of the 18th Amendment and a formal presidential approval a few months ago.
The ECP is mum over the status of its members shown on the official website and not a single meeting of the commission could take place due to discrepancy in the constitutional requirement. At a time when important election matters are a burning issue in the country, the incomplete and legally dysfunctional ECP raises many constitutional questions on the working of the existing commission.
Courtesy www.dailytimes.com.pk