In this confusion, the Election Commission has lost its freedom to make decisions and

act. The two functions not only need to be separated from each other, the ECP also needs
some kind of immunity from judicial intervention. Elections are a time-bound eercise
and their administrators need ability, a!ility and creativity in order to be able to respond
to any unpredictable situation at any hour. If solutions are to be subjected to lon!
procedural delays, they are bound to prove useless.
The second most important area where the ECP needs to be empowered is its control over
the civil administration. It needs the services of an army of !overnment employees to
perform duties at the pollin! station level. It needs to wean these seconded personnel off
any political affiliations, !uard them a!ainst threats of violence from vested interest
!roups, check any ne!li!ence on their part and make them work efficiently.
"evelopin! other stakes in civil administration is important as peace and order in society
are a prere#uisite for elections. The ECP also needs the support of all !overnment
departments, includin! the law-enforcement a!encies to ensure that the Code of Conduct
for pre-election campai!ns is strictly followed, that voters are not bribed or coerced, and
that there is a level playin! field for all contestants.
The ECP has not been able to ensure all of this to the satisfaction of the parties. $ne
likely reason is that this area too is contested by two constitutional bodies, the ECP and
the caretaker !overnment. They are both entrusted with the same responsibility of
ensurin! neutrality in !overnment. This duplication not only creates confusion but also
works as a disincentive for the ECP to take the initiative, besides allowin! the two to
blame failures on each other.
Interim set-ups have traditionally served as a constitutional window for the establishment
to intervene in the electoral process. The system of appointment was chan!ed
substantially throu!h the %&th 'mendment but caretaker set-ups too have failed to meet
epectations.
The ECP thus needs a new le!al framework for its en!a!ement with the civil
administration. There is no harm in takin! a leaf from the Indian eperience where no
caretakers are appointed and the election commission virtually takes over the entire state
machinery, as soon as the election process be!ins and until the results are announced.
The Electoral (eforms Committee will have to avoid indul!in! in rephrasin! old laws
and show some creativity. (eaders should be reminded that Pakistan achieved an
important milestone in its first-ever democratic transition, from one elected !overnment
to the net, in )*%+. The subse#uent milestone should not be the net transition but
electoral reforms as only these can take polls and democracy a #ualitative step forward.
The writer works with Punjab Lok Sujag, a research and advocacy group.
Published in Dawn, July 2th, 2!"#
Comment
Email
Print
Comment
Email