President Dr Arif Alvi on Monday appreciated the statement made by caretaker Prime Minister Anwaar-ul-Haq Kakar that his government would abide by the Supreme Court’s judgement on the matter of general elections.
The president said this in a meeting with caretaker Federal Minister for Law and Justice, Ahmed Irfan Aslam, who called on him at the Presidency. The meeting discussed many issues related to the holding of general elections in the country.
President Alvi emphasized the need for upholding the supremacy of the constitution, adding that decisions should be taken in accordance with the spirit of the constitution.
The meeting takes place as the president, Election Commission of Pakistan (ECP), political parties and other stakeholders take differing stances on the time frame for holding general elections and who has the authority to decide the final poll date. The ECP has ruled out elections this year, while the 90-day limit for holding polls following the dissolution of the National Assembly, as mandated under Article 224 of the Constitution, ends on November 9.
It reasons its decision to push elections beyond November 9 on the basis of the notification of results of the new digital 2023 census and Section 17(2) of the Elections Act, which states: “The commission shall delimit constituencies after every census is officially published.” But last month, President Alvi invited Chief Election Commissioner (CEC) Sikandar Sultan Raja for a meeting to “fix an appropriate date” for general elections. In his letter to the CEC, the president quoted Article 244 of the Constitution, saying he was duty-bound to get the elections conducted in the 90 days’ prescribed period once the National Assembly is dissolved prematurely. But a recent amendment to the Elections Act 2017 empowered the ECP to announce the dates for polls unilaterally without having to consult the president. Citing this change to the law, the CEC responded to the president, saying that participating in a confab with him to decide the election date would be of “scant importance”. Subsequently, the president sought the law ministry’s advice on the matter, and the ministry communicated to the president that the powers to announce the poll date rested with the Election Commission of Pakistan (ECP) after he sought its advice on the matter.
Interim Prime Minister Anwaarul Haq Kakar took the same position on the matter during his first interview after assuming the top office.
Speaking to a private news channel, Kakar said as per the law, deciding the date for general elections was the ECP’s prerogative. However, he added, the caretaker government would act in accordance with the court ruling if the Supreme Court issued a binding judgement for elections to be held within the prescribed period of 90 days.
