The National Assembly of Pakistan has approved the Elections (Amendment) Act 2023, following its approval from the upper house of parliament. The bill grants the Election Commission of Pakistan the authority to independently set election dates and reduces the disqualification period for lawmakers to five years with retrospective effect. While opposition members have criticized the legislation as “person-specific,” it is expected to benefit PML-N leader Nawaz Sharif and Jahangir Khan Tareen, the patron of the newly-formed Istehkam-i-Pakistan Party (IPP).
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The amendment, considered by the opposition as targeted legislation, aims to address the disqualification of certain politicians. Notably, Nawaz Sharif and Jahangir Khan Tareen were disqualified for life more than five years ago under Article 62(1)(f) of the Constitution, which was interpreted by the Supreme Court as a lifelong disqualification. Senator Dilawar Khan, one of the proponents of the amendment, highlighted that it would benefit several politicians from Balochistan as well. However, the lone opposition lawmaker, Maulana Akbar Chitrali from the Jamaat-e-Islami (JI) party, expressed his opposition to the bill, describing it as person-specific.
Defence Minister Khawaja Asif disagreed with the notion that the amendment solely targeted Nawaz Sharif. He emphasized that while the amendment may apply to him at present, it was not specifically designed for him. Asif argued that lifetime disqualification went against fundamental constitutional rights and pointed out that there were differing opinions on the issue within the Supreme Court itself. He also mentioned that the legal experts of the PML-N were deliberating on the matter of Nawaz Sharif’s conviction upon his return.
Constitutional expert Ahmed Bilal Mehboob weighed in on the bill, stating that it could not completely abolish the lifetime disqualification of lawmakers and might face challenges in the Supreme Court. According to the amendment, a permanent bar or disqualification of a member is considered contrary to the principles of Islam and the Constitution. The amendment seeks to ensure a fair trial, due process, the right to appeal, and limits the period of disqualification under Article 62.
The bill also empowers the Election Commission of Pakistan by amending Section 57(1) and Section 58 of the Elections Act. The commission is granted the authority to announce the date or dates of general elections and make alterations or issue fresh election programs and poll dates as deemed necessary for the purposes of the Act.
The National Assembly’s approval of the Elections (Amendment) Act 2023 has stirred debates regarding its alleged person-specific nature. While critics raise concerns about its potential implications, supporters argue that the amendment addresses constitutional rights and ensures a fair trial for disqualified politicians. The bill’s impact on the return of Nawaz Sharif and other affected individuals remains a significant point of discussion.
