ELECTORAL SYSTEM IN PAKISTAN

Introduction

 The Parliament of Pakistan consists of the President and two Houses to be known respectively as National Assembly and the Senate. The National Assembly consists of 342 Seats including 60 seats reserved for Women and 10 Seats reserved for Non-Muslims. The Senate consists of 100 Members including 17 Seats reserved for Women and 17 Seats reserved for Technocrats and Ulema. The Members of the National Assembly are elected for a term of 5 years whereas the Members of the Senate are elected for a term of 6 years with staggered elections every 3 years.  

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Election Commission of Pakistan

• For the purpose of elections to both Houses of Parliament, Provincial Assemblies and for election of such other public offices as may be specified by law or until such law is made by the Parliament by Order of the President, a permanent Election Commission is constituted by the President comprising the Chief Election Commissioner as its Chairman and 4 Members, each of whom is a Judge of High Court, appointed by the President after consultation with the Chief Justice of High Court concerned and with the Chief Election Commissioner.  

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Duties of Election Commission

• The Election Commission constituted in relation to an election has been charged with the duty to organize and conduct the election an to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against.  

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Chief Election Commissioner

• The Chief Election Commissioner is appointed by the President, in his discretion, for a term of 3 years. A person who is or has been, a Judge of Supreme Court or is, or has been a Judge of a High Court and is qualified to be appointed as a Judge of the Supreme Court of Pakistan is appointed as Chief Election Commissioner. The Chief Election Commissioner enjoys security of tenure and financial autonomy.  

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Duties of the Chief Election Commissioner

• Under the Constitution, the Chief Election Commissioner has been charged with the duty of –

                   a)  preparing electoral rolls for election to the National Assembly, Provincial Assemblies and Local Government Institutions. It is also the duty of the Chief Election Commissioner to revise such rolls annually;

                   b)  organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly; and

                   c)  appointing Election Tribunals; and

                  d)  conduct of Local Government Elections. 

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Election to the National/Provincial Assemblies

• Members of the National Assembly and Provincial Assemblies are elected by direct voting in a constituency on first-past-the-post system through a secret ballot. A candidate who obtains the highest number of votes in a constituency, is declared elected as a Member of National or a Provincial Assembly. The constituency-wise detail of seats in the National Assembly and Provincial Assemblies is as under:-  

•  The Seats in the National Assembly are allocated to each Province, the Federally Administered Tribal Areas (FATAs) and the Federal Capital on the basis of population in accordance with the last preceding Census officially published.
• Members to the Seats reserved for Women and Non-Muslims, are elected in accordance with law through proportional representation system of political party’s lists of candidates on the basis of total number of General Seats secured by each political party in the National Assembly or a Provincial Assembly.

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 Election to the Senate

• The Senate consists of 100 members, of whom 14 members are elected by each Provincial Assembly, 8 members are elected from Federally Administered Tribal Areas (FATAs) by the Members of National Assembly from these areas, 2 members, 1 woman and 1Technocrat is elected from the Federal Capital by the Members of National Assembly, 4 women and 4 Technocrats are elected by the members of each Provincial Assembly. The breakup of seats allocated to each Province, Federally Administered Tribal Areas (FATAs), Federal Capital, Women and Ulema/Technocrats, is as under:  

Senate 

• It is the responsibility of the Chief Election Commissioner to hold and make arrangements for the Senate elections in accordance with the system of proportional representation by means of a single transferable vote through electoral colleges.

• The term of the members of the Senate is 6 years. However, the term of the first group of the Senators, who shall retire after completion of first 3 years of the Senate, is determined by drawing of lots by the Chief Election Commissioner.

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Election to the office of the President

• The President of Pakistan is chosen by a secret ballot through an Electoral College comprising the Members of the Senate, National Assembly and the Provincial Assemblies. A person who is a Muslim and not less than 45 years of age and is qualified to be elected as a Member of the National Assembly can contest the Presidential election. The President is elected for a term of 5 years. It is the duty of Chief Election Commissioner to conduct elections to the office of the President in a special session of Parliament and all the Provincial Assemblies in accordance with the provisions of Second Schedule to the Constitution.

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Qualification for membership of the Parliament and Provincial Assemblies.

• A person who is a citizen of Pakistan, is enrolled as a voter in any electoral roll and in case of National/Provincial Assemblies is not less than 25 years of age and in case of Senate not less than 30 years of age, is of good character and is not commonly known as one who violates Islamic injunctions, has adequate knowledge of Islamic teachings and practices, obligatory duties prescribed by Islam as well as abstains from major sin, is sagacious, righteous and non-profligate, honest and ameen, has not been convicted for a crime involving moral turpitude or for giving false evidence, and has not, after establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan and is graduate, can contest the elections and become a member of the Parliament or a Provincial Assembly.

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Elections to the Local Government Institutions

• In order to decentralize administrative and financial authority to be accountable to Local Governments, for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grassroots level, elections to the local government institutions are held after every 4 years on non party basis by the Chief Election Commissioner of Pakistan. Members of Union Council including Union Nazim and Naib Union Nazim are elected through direct elections based on adult franchise and on the basis of joint electorate. The electoral college for election of Zila Nazim and reserved seats of women, Peasants and Workers and Minorities in the Zila Council shall be all the members of Union Councils in the district including Union Nazim and Naib Union Nazims. The electoral college for the election of a Tehsil Nazim, Town Nazim and reserved seats of Women, Peasants and Workers, and Minorities in the Tehsil council and Town Council shall be all the members of the Union Councils in Tehsil or, as the case may be Town, including Union Nazims and Naib Union Nazims. However, for the election to the reserved seats for Women in Zila council proportionately divided among Tehsils or Towns shall be all members of the Union Councils in a Tehsil or Town. It is the responsibility of the Chief Election Commissioner to organize and conduct these elections. The categories wise total number of seats in a Union Council as well as all the Union Councils is as under:

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 Qualification of a Voter

• A person, who is a citizen of Pakistan, is not less than 18 years of age on the first day of January of the year in which the rolls are prepared or revised, is not declared by a competent court to be of un-sound mind and is or is deemed to be a resident of an electoral area, can get himself enrolled as a voter in that electoral area. The citizens registered on the electoral rolls are only eligible to cast their votes.

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