Legal professionals offer their opinions on the constitutional and legal elements of this matter as President Arif Alvi’s likely unilateral declaration of an election date looms.
Constitutional Authority vs. Election Act Amendments:
- Abdul Moiz Jaferii asserts that the President’s power to set an election date is derived from the Constitution, taking precedence over claims made by the Election Commission of Pakistan (ECP) regarding their authority to announce election dates based on legislation.
- Barrister Ahmad Pansota agrees, highlighting that the President’s authority to set an election date under Article 48(5) of the Constitution is independent and not subordinate to any other provision.
- Barrister Rida Hosain emphasizes that the Constitution’s authority cannot be overridden by ordinary legislation and that the ECP’s role is to conduct elections according to the law.
Checks and Balances:
Ayman Zafar highlights the significance of checks and balances in Pakistan’s political system in order to protect democratic values and the rule of law. He contends that whatever decisions the president makes on the schedule of an election should be seen as required by the Constitution.
Legal experts emphasize the importance of respecting Constitutional principles while taking into consideration recent modifications to the Election Act in their findings. They also emphasize how crucial it is for the president to determine the election date in accordance with the Constitution.