14/05/2023
Title: "Challenges to Democracy: Pakistan's Federal Government and the Infringement of Judicial Orders and Election Funding"
In January 2023, the Pakistan Tehreek-e-Insaf (PTI) party, led by former Prime Minister Imran Khan, made the decision to dissolve the Punjab and Khyber Pakhtunkhwa provincial assemblies, both under their control. The move aimed to force early national elections, a demand Khan had been making since his removal from power a year prior.
However, Pakistan's Supreme Court recently declared the decision to delay the assembly elections in two provinces as "unconstitutional." In response to a petition filed by the PTI party, the court ordered the Election Commission to hold the elections on 14 May 2023.
The controversy arose when the Election Commission of Pakistan (ECP) decided to postpone the Punjab polls from April 30 to October 8. The government cited economic crisis as the reason for not providing funds to conduct the elections. According to Article 224 of the constitution of the Islamic Republic of Pakistan, the ECP is constitutionally bound to hold elections within 90 days of the dissolution of a legislative assembly.
The Supreme Court, taking suo motu notice of the situation (when a court itself initiates proceedings on matters of public interest), intervened in February. In a split 3-2 verdict, the court ordered the poll panel to announce the election schedule for the two provinces, stating that the ECP had exceeded its jurisdiction by delaying the Punjab election date.
Initially, the ECP announced the Punjab elections on April 30, but on March 22, it withdrew the schedule and declared October 8 as the new date. This compelled the PTI to approach the Supreme Court to challenge the ECP's decision.
The Supreme Court's verdict emphasized that the ECP lacks the authority to postpone elections. It stated, "The constitution does not give the Election Commission of Pakistan the authority to postpone the elections."
This ruling by the Supreme Court sets a significant precedent in upholding constitutional principles and ensuring timely elections in the country. It reinforces the importance of adhering to constitutional provisions and the rule of law, safeguarding the democratic process and the rights of the citizens to choose their representatives.
With the court's order to hold the elections promptly, the focus was shifted to the Election Commission of Pakistan to fulfill its constitutional duty and conduct fair, transparent, and inclusive elections in Punjab province on the designated date of May 14, 2023 but the compliance of the order didn't complete.
Pakistan's democratic framework has encountered significant challenges in recent years, notably concerning the adherence to judicial orders and the allocation of funds for elections. These issues raise concerns about the erosion of democratic principles and the stability of the nation's political system. This article examines the actions of the federal government of Pakistan, particularly regarding its non-compliance with Supreme Court orders and its failure to provide adequate funding for elections.
The Supreme Court of Pakistan, as the highest judicial authority, plays a crucial role in upholding the constitution, interpreting laws, and safeguarding justice and fairness. Its decisions and orders are binding on all branches of the government, including the federal government. However, instances where the federal government disregards these orders undermine the authority of the judiciary and weaken the system of checks and balances necessary for a functioning democracy. Such actions can set a dangerous precedent that erodes the principles of separation of powers and the rule of law.
The Importance of Election Funding:
Elections are a cornerstone of any democratic society, ensuring the representation and accountability of the government. Adequate funding is essential to guarantee the integrity and accessibility of elections. However, the failure of the federal government to allocate sufficient funds raises concerns about its commitment to free and fair electoral processes. Without adequate financial resources, election authorities may struggle to conduct impartial and transparent elections, potentially compromising the democratic rights of citizens.
The non-compliance of the federal government with court orders and its reluctance to allocate funds for elections have significant implications. Firstly, it undermines public trust in the government's ability to uphold the rule of law and protect the democratic process. When court orders are disregarded, citizens may question the government's motivations and intentions regarding the functioning of democracy. Moreover, the lack of sufficient election funding raises doubts about the government's commitment to ensuring fair representation and participation for all citizens.
Resolving these challenges requires collective efforts from various stakeholders. The federal government must recognize the importance of an independent judiciary and the role of court orders in upholding the constitution. Respecting and implementing these orders is crucial for the restoration of public trust and the preservation of democratic values. Additionally, the government should prioritize the allocation of adequate funds for elections, ensuring that electoral processes are conducted with transparency, fairness, and inclusivity.
Civil society organizations, human rights groups, and the international community have a vital role to play in monitoring the situation and advocating for the protection of democratic principles in Pakistan. Raising awareness about the implications of the government's actions and exerting pressure through diplomatic channels can help reinforce the importance of adhering to court orders and ensuring the allocation of necessary funds for elections.
The challenges faced by Pakistan's federal government in adhering to judicial orders and allocating sufficient funds for elections pose significant threats to the country's democracy. Upholding the rule of law, respecting court decisions, and ensuring fair electoral processes are fundamental to fostering a vibrant and inclusive democratic system. It is imperative that the government recognizes these imperatives and takes proactive steps to address the concerns raised by its non-compliance with court orders and insufficient election funding. By doing so, Pakistan can strengthen its democratic institutions and reaffirm its commitment to democratic values and principles.
About the Writer:
Muhammad Umer Nazir, a student of legal background is an avid writer who specializes in constitutional, political, and argumentative topics, exploring various aspects of society and his country. With a keen interest in analyzing current political and economic issues, Umer has garnered multiple distinctions for his insightful perspectives. His writings aim to contribute to informed discussions and promote positive change within society.
