ELECTORAL POLITICS IN PAKISTAN AND ITS IMPLICATIONS FOR THE POLITICAL LANDSCAPE OF THE

SUBCONTINENTDR TUGHRAL YAMIN

ELECTORAL POLITICS & ITS IMPACT ON THE POLITICAL LANDSCAPE OF

THE SUBCONTINENTELECTIONS OF 1946 ELECTIONS OF 1970

DEMOCRACY

HISTORY OF CONSTITUTION MAKING IN PAKISTAN

• OBJECTIVES RESOLUTION OF 1949

• CONSTITUTION OF 1956

• CONSTITUTION OF 1962

• LEGAL FRAMEWORK ORDER OF 1970

• CONSTITUTION OF 1973

IMPORTANCE OF OBJECTIVE RESOLUTION INCONSTITUTIONAL HISTORY OF PAKISTAN

• THE OBJECTIVES RESOLUTION COMBINESFEATURES OF BOTH WESTERN AND ISLAMICDEMOCRACY

• AT THE TIME IT WAS PASSED, LIAQUAT ALIKHAN CALLED IT THE MOST IMPORTANTOCCASION IN THE LIFE OF THIS COUNTRY, NEXTIN IMPORTANCE ONLY TO THE ACHIEVEMENTOF INDEPENDENCE

• THE OBJECTIVES RESOLUTION WAS THE FIRSTCONSTITUTIONAL DOCUMENT THAT PROVIDESTHE 'FOUNDATION' OF THE CONSTITUTIONALDEVELOPMENTS IN PAKISTAN

• THE RESOLUTION HAS REMAINED THE'PREAMBLE’ OF ALL THE CONSTITUTIONS FROM1956 TILL 1973

CONSTITUTION OF 1962

• PAKISTAN WAS NAMED AS REPUBLIC OF PAKISTAN

• THE PRINCIPLE OF PARITY BETWEEN EAST AND WEST PAKISTAN WAS MAINTAINED. BOTH PROVINCES WOULD RUN THEIR SEPARATE PROVINCIAL GOVERNMENTS. THE RESPONSIBILITIES AND AUTHORITY OF THE CENTRE AND THE PROVINCES WERE CLEARLY LISTED IN THE CONSTITUTION. THE CENTRAL LEGISLATURE HAD ONE HOUSE KNOWN AS THE NATIONAL ASSEMBLY (156 MEMBERS). EQUALITY BETWEEN THE TWO WINGS WERE MAINTAINED IN THE NATIONAL ASSEMBLY.

• PRESIDENTIAL FORM OF GOVERNMENT. THE PRESIDENT HAD TO BE A MUSLIM NOT LESS THAN 35 YEARS OF AGE. WAS TO BE ELECTED INDIRECTLY BY AN ELECTORAL COLLEGE FORMED BY NOT LESS THAN 80,000 BASIC DEMOCRATS, EQUALLY DISTRIBUTED BETWEEN THE TWO PROVINCES.

• URDU AND BENGALI WERE RECOGNISED AS NATIONAL LANGUAGES

CONSTITUTION OF 1973• OBJECTIVES RESOLUTION

• ISLAMIC REPUBLIC

• FEDERAL SYSTEM

• PARLIAMENTARY FORM OF GOVERNMENT

• PRIME MINISTER HEAD OF STATE

• MAJLIS-E-SHOORA (PARLIAMENT) – SENATE (100 MEMBERS)

– NATIONAL ASSEMBLY (342 MEMBERS: 272 DIRECTLY ELECTED, 60 RESERVED FOR WOMEN AND 10 FOR RELIGIOUS MINORITIES)

• DIRECT METHOD OF ELECTION

• INDEPENDENCE OF JUDICIARY

• URDU NATIONAL LANGUAGE OF PAKISTAN. ENGLISH RETAINED AS THE OFFICIAL LANGUAGE FOR 15 YEARS. REGIONAL LANGUAGES PROVIDED FULL PROTECTION.

• REFERENDUM CAN BE HELD BY PRESIDENT HIMSELF OR ON THE ADVICE OF THE PRIME MINISTER ON ANY IMPORTANT NATIONAL ISSUE

VARIOUS FORMS OF ELECTIONS IN PAKISTAN

• INDIRECT ELECTIONS - BASIC DEMOCRACY

• DIRECT ELECTIONS BASED ON ADULT FRANCHISE

• REFERENDUMS

• PARTYLESS ELECTIONS

• NOMINATIONS OF TECHNOCRATS TO THE SHURA

• LOCAL BODIES

• SEPARATE ELECTORATES FOR MINORITIES

• SEATS FOR WOMEN

COMMON OBSERVATIONS ABOUT THE ELECTORAL SYSTEM IN PAKISTAN• GENUINENESS & SAFETY OF ELECTION MATERIAL

(ELECTORAL ROLLS, BALLOT PAPER, ELECTORAL INK)• INACCURATE MEANS OF IDENTIFICATION OF VOTERS• MANUAL FORM OF VOTING• BIASED ELECTION STAFF• HARRASMENT OF VOTERS• STUFFING OF BALLOT BOXES• BIASED DELIMITATION OF CONSTITUENCIES OR

DOWNRIGHT GERRYMANDERING• INACCURATE TRANSLATION OF THE BALLOT• INTERFERENCE BY INCUMBENT GOVERNMENT• SLOW PROCESS OF ATTENDING TO ELECTORAL

COMPLAINTS

ELECTORAL REFORMS

ELECTORAL REFORMS SHOULD ENSURE THAT

• ELECTIONS ARE FREE AND FAIR

• ALLOW THE MOST SUITABLE CANDIDATES TO GET ELECTED

• DEVELOP A CULTURE OF ACCEPTING THE ELECTION RESULTS