The constitutional procedure for appointing a new Chief Election Commissioner (CEC) in Pakistan is outlined in Article 213 of the Constitution, significantly amended by the 18th Constitutional Amendment in 2010 and further by the 26th Amendment in October 2024.
Here’s a breakdown of the process:
* Eligibility:
* A person can be appointed as CEC if they have been a Judge of the Supreme Court or a senior civil servant, or are a technocrat.
* The age limit for the CEC is 68 years.
* Initiation of the Process:
* The Prime Minister, in consultation with the Leader of the Opposition in the National Assembly, forwards three names for the appointment of the CEC to a Parliamentary Committee.
* If there is no consensus between the Prime Minister and the Leader of the Opposition, each of them will send a separate list of three names to the Parliamentary Committee for consideration.
* Parliamentary Committee:
* A Parliamentary Committee is constituted by the Speaker of the National Assembly.
* This committee comprises 12 Members of Parliament, with half nominated by the government and half by the opposition, based on their strength in the Parliament. At least four members must be from the Senate.
* The committee holds hearings to consider the nominated candidates.
* Selection and Recommendation:
* The Parliamentary Committee makes its selection by a simple majority vote.
* The name of the agreed-upon candidate is then forwarded to the President.
* Presidential Appointment:
* The President of Pakistan formally appoints the Chief Election Commissioner based on the recommendation of the Parliamentary Committee.
Key Amendments and Considerations:
* 18th Amendment (2010): This amendment introduced the crucial bipartisan consensus mechanism, requiring consultation between the Prime Minister and the Leader of the Opposition, and the involvement of a Parliamentary Committee. Prior to this, the President had sole discretion.
* 26th Amendment (October 2024): This amendment allowed the outgoing CEC and ECP members to continue holding their positions until their successors are selected and notified. Previously, they would retire upon completing their term.
* Deadline: While Article 215(4) of the Constitution stipulates that the appointment must be completed within 45 days, this deadline has sometimes been missed in practice.
* Role of Opposition: The process emphasizes a bipartisan approach, requiring significant input from both the government and the opposition to ensure the independence and credibility of the Election Commission.