Electoral Reforms in Pakistan 2017

Introduction:
The result of the 2013 general election set the phase for an amazing transition in
Pakistan’s democratic process-remarkable voter turnout particularly among ladies and
youth. While past times of open deliberation concentrated on basic issues of changes to
chose government, the present discourse is currently overwhelmingly centred around
the consolidation of democratic process through introducing reforms in the system.
Citizens and political parties are keen on fortifying the path by which representatives
are chosen.

Much ink has been spilt and various TV hours have been given to the issue of electoral
reforms. The formation of the Parliamentary Committee on Electoral changes (PCER) is
the step in the right direction. However, the pace of the electoral reforms in quite slow.
In April this year (2017), ECP wrote to the Speaker National Assembly drawing his
attention towards the fact that time for electoral reforms is slipping out of hand and if
political parties want the next elections to be contested under reformed law, then
relevant Act must be passed at the earliest. In the wake of looming next general
elections, the process of electoral reforms must include the following suggestions.

1. Appointment of CEC and members of

ECP:
The significance of the appointment and of the CEC and members of the ECP can’t be
downplayed for they play one of the major roles in electoral process. It is a territory
where changes could for sure prove to be fruitful.

The difficulties faced by the ECP must not be underestimated. The ECP oversees one of
the world’s biggest single-day electoral processes, a significant assignment made more
imposing by Pakistan’s precarious security environment, poor development and
infrastructure issues.

No method for appointment of CEC and members of the Election Commission can truly
be regarded as the best model in the world; however there are a couple of best
practices that have risen as sensible cases from around the globe. Under the
Constitution of Pakistan, the CEC must be a man who is, or has been, a Judge of the
Supreme Court or is, or has been, a Judge of a High Court and is fit the appointment as
Judge of the Supreme Court while the Members of the ECP should each be a retired
High Court Judge from their respective province. This model of selecting retired judges
has few parallels globally. A few nations in Latin America and the Middle East select just
judges however few restrict them to those effectively resigned. More typical however, is
the arrangement of prominent figures known for political neutrality with expertise in
fields, for example, law, public administration, political science and the media. This
approach is utilized as a part of various nations including Australia, Bangladesh,
Canada, India and Indonesia.

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This is because that conducting the general election is to a great extent an

administrative assignment. There are a plenty of task that should be fastidiously looked
into, planned, tried and executed. Take for example, the task of selecting building as
polling stations all through the nation to enable the electorate to advantageously cast
their votes. The 2013 general election saw the ECP set up 69,801 polling stations.
Hence, together with the Returning Officers, the ECP is required to look at the
appropriateness of more than 69,000 structures over the length and broadness of the
nation. This activity, as most others in the decision procedure, requires an incredible
measure of organization, planning, in depth research and collaboration with
government divisions which are all, but administrative qualities.

Truly, there are likewise legal functions did by the CEC and Members of the ECP. Be
that as it may, the legal part is irrefutably restricted. Thus, it would be better, while
appointing CEC and members of ECP, suitable candidates from administrative fields
may also be considered.

2. Count the quantity of individuals who

voted:
This straightforward integrity check costs nothing and can hinder fundamental types of
polling fraud. . It involves counting the number of signatures/fingerprints on the
electoral rolls at the close of polling. This method is standard practice in nations around
the globe. At the end of polling, the polling personals count the quantity of
marks/fingerprints on the appointive papers, take note of this on the outcomes shape
and afterward analyze it to the quantity of polls found in the crate. On the off chance
that the numbers don’t make any sense, and can’t be represented in the used ballot
papers, at that point it might show ballot stuffing and ought to be considered for
advance examination. A basic change in the methods is all that would be required.

3. Separate polling days:

The general elections of 2013 witnessed large number of people queuing long in the
scorching heat of May to cast their vote. It is but a matter of record that ECP failed to
hold the general election process in the best possible way as allegations ranging of
mismanagement to organized rigging came pouring out and it took better part of
around 3 years (and 5 months long dharna) for courts to decide the petitions arising
out from grievances of 2013 elections. This was mainly to do with the fact that
organization of elections of such magnitude in an efficient and transparent manner is
absolutely inconceivable when polling are being held in roughly 69,000 polling stations
all through the nation.

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This takes us to an important reform – holding of general elections on separate days in

each province. Invariably a smaller election will dependably be fairer and transparent
than a bigger one. This is because if the greater part of the ECP’s assets are amassed in
one region at a given time instead of spread over the whole nation; the probability of
holding free and fair elections are considerably higher.

This is not a novel idea, but is practiced in many countries across the globe. For
instance, in 2014, India held its sixteenth general elections over a time of a month and
a half. The balloting was done in nine stages. Though there were clearly various
debates relating to some of these elections, but all in all the electoral process in India
are considered more efficient, transparent and fairer than Pakistan.

4. Biometric Voting system and Voter

Registration:
The issue of multiple voting can be addressed by introducing Biometric Voting system
and Voter Registration. The data of all eligible voters is available with the NADRA and
same can be utilized to avoid duplicity of votes. If SIMs can be biometrically verified by
street merchants then why this procedure can’t be employed for electing the leadership
of the country?

5. Right of Vote to Overseas Pakistanis:

Another contentious issue that still needs to be addressed is the right of vote of
overseas Pakistanis. Overseas Pakistanis play an important role in developing the
economy of the country. The reimbursements sent by overseas Pakistanis account for
major foreign reserves of Pakistan. In this backdrop, overseas Pakistani deserves the
right to elect their representatives. Just before the 2013 elections, Supreme Court
ordered the ECP to allow overseas Pakistani to cast their vote, but the same was not
materialized due to paucity of time. However, much water has flown since the 2013
elections, but little, if any, has been done to facilitate overseas Pakistani for casting
their vote. It is high time that the proposed Election Bill must incorporate the
mechanism of allowing overseas Pakistanis to cast their vote.

6. None of the Above Option:

Many individuals consider that having NOTA (None of the above) alternative on the
ballot paper is a voter’s fundamental right. In Pakistan, where voters contend that they
are frequently constrained to vote in favor of the lesser of disasters, this is maybe
especially critical.

Be that as it may, it is suggested that NOTA option on the ballot paper may be included
and elections should be again held if the NOTA option wins in any constituency.

7. One Candidate One Seat:

The 2013 general elections in Pakistan saw a remarkable numbers of applicants. Also, a
few applicants submitted their nomination papers in more than one constituency. Many
prominent politicians such as Imran Khan contested the general elections on multiple
seats. This created hosts of problems. The nomination paper of the candidate was
approved by one RO, but rejected by another. Moreover, the ECP needed to conduct
by-polls elections in 41 constituencies just three months after the 2013 general
elections because of the candidates who won races in numerous constituencies. This not
only burdened the state exchequer, but also limited the options of public to elect their
representatives. It is therefore, recommended that necessary reform be introduced
limiting the candidate to one constituency only.
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8. Election Expenses:
Section 49 of Representative of People Act (ROPA) places limitations on the measure of
costs that a candidate may incur on his campaign. A contender for a National Assembly
is just allowed to incur Rs1.5 million while the cost for a candidate for the Provincial
Assembly is topped at Rs1 million.

The law further requires that every candidate must present an announcement of costs
alongside duplicates of all bills, receipts and his own affirmation 30 days after his
success. But the powerlessness of the ECP to successfully check the affirmation
prompts a slipshod exercise making the law more or less redundant. It is imperative
that necessary safeguards be introduced empowering the ECP to look into the financial
aspects of the campaign and even de-notify a candidate that has spent unusual amount
of money.

9. Scrutiny of Nomination Papers:

The General Elections 2013 witnessed the most outrageous scrutiny of nomination
papers of candidates by ROs. The examination of candidates is directed by Returning
Officers selected by the ECP under Section 7 of ROPA. For the 2013 general elections,
the ECP delegated sitting District Judges as Returning Officers all through the nation on
the request of the political parties. ROs in their quest to ensure that candidates meet
the touchstones as enshrined in Articles 62 and 63 of the Constitution went a stop too
forward and solicited some of the most ridiculous inquiries, that mocked the candidates
before the live cameras.
No one denies the fact that chosen representative of the people must possess qualities
of moral and pious being. But have we properly understood the investigative procedure
and underlying intention of the Articles 62 and 63. It is essential that a uniform policy
for scrutiny of nomination papers and examination of candidates be adopted across the
nation.

10. Female Turnout:

The General elections of 2013 and some by – elections mainly in KPK and Baluchistan
witnessed the low turnout of female voters ostensibly due to the collusive agreement of
contesting parties restraining women from casting their vote. These horrendous
attempts to curb the basic fundamental rights of women were met with severe hue and
cry from length and breadth of the nation. In this respect, the proposal of the Election
Bill 2017 which empowers the ECP to nullify the result of entire constituency if the vote
cast by the women falls below 10% of the total vote casted. This indeed, is the step in
the right direction. Women constitute more than half population of Pakistan. Restraining
women from exercising their basic fundamental is illegal and unconstitutional. It is
hoped that the Election Bill 2017, when eventually transformed in the Act contains the
same very provision, perhaps with an higher ratio i.e., 25%.