Told off by the SC
Two issues have brought the Election Commission into the limelight: its decision to cancel the membership of parliamentarians with dual nationality and its failure to finalise the task assigned to it of preparing genuine electoral rolls. Despite Clause 1(C) of Article 63 of the Constitution clearly stating that a person stands disqualified from the membership of parliament if he acquires the citizenship of a foreign state, political exigencies have stood in the way of the implementation of the article in letter and spirit. Two foreign nationals of Pakistani origin were appointed prime ministers by the establishment while there are still about three score parliamentarians with dual nationality in various legislatures. Under the existing laws, the ECP cannot force any candidate to reveal the details of his citizenship. Thus, the Commission can take action against such MPs only if their case is referred to it by the presiding officers of the assemblies or by the superior judiciary. With the NA yet to decide the fate of the bill introduced a few days back in the NA by the PML(N) to remove the lacuna, it is yet not sure if the government would provide support to the ECP.
The ECP has been reprimanded by the SC for showing laxity in the preparation of mistake-free electoral rolls. The CJ pointed out that in response to Benazir Bhutto’s petition in 2007, the ECP was directed to complete the preparation of transparent electoral rolls within one month. Taking up a petition by Imran Khan, the apex court has directed the ECP to complete the task by February 23, 2012, instead of June 2012. One agrees with the court that with 37 million bogus voters (44 percent of the total), the fairness of the elections would be widely questioned.
Had the court acted with similar alacrity four years back, requiring the ECP to submit fortnightly reports on the progress of the preparation of new electoral rolls, the task would have been completed by now. Taking note of the fact that the ECP lacked financial autonomy and was short of funds, the court could have ordered the government to provide it special funds for the purpose.
