The chief election commissioner is the authority and the appointed chair of the Election Commission of Pakistan— an institution constitutionally empowered to conduct free and fair elections to the national and provincial legislatures.
Before 1973, the commissioners were only appointed from the civil services cadre and appointments came from the president. After the promulgation of much and thoroughly reformed constitution in 1973 in shape of 18th Amendment, the constitutional provisions made mandatory and compulsory that appointments would only come from the judicature branch's judges who were eligible to become chief election commissioner, however later on an amendment to the Constitution allowed civil servants to be appointed to the post as well. The Constitution (or president on different occasions) lays the appointment and oath administered by the chief justice of Pakistan.
Appointment of the chief election commissioner
The president of Pakistan appoints the chief election commissioner and four members of the Election Commission of Pakistan. The prime minister and leader of the opposition in the National Assembly recommend three names for appointment of CEC and for each member to a parliamentary committee for hearing and confirmation of any one person against each post. The parliamentary committee consisting of 12 members is constituted by the speaker of the National Assembly comprising 50% members from treasury benches and 50% from opposition parties out of which one-third shall be from Senate, the chief election commissioner has a tenure of 5 years.Constitution of Pakistan The chief election commissioner enjoys the same official status as available to judges of the Supreme Court of Pakistan. The chief election commissioner can be removed by the president of Pakistan or the Supreme Court of Pakistan or through impeachment in National Assembly of Pakistan. In the wake of the current election commissioner, Sikandar Sultan Raja's decision on March 22, 2023, to postpone the provincial elections, giving reasons, despite the Supreme Court's orders to conduct them on time, may result in his impeachment. A legal case is filed by the opposition party, Pakistan Tehrik-e-Insaf (PTI), in the Supreme court requesting the current election commissioner's impeachment under Article 6 of the Constitution of the country and appealed to direct ECP to conduct the elections on time, as per the earlier ruling of the supreme court.
Duties and functions
Under the Constitution of PakistanConstitution of Pakistan the chief election commissioner has the following powers and duties: Preparing electoral rolls for elections to the National Assembly and provincial assemblies and revising such rolls annually.Constitution of Pakistan – Article 219-(i) To organise and conduct election to the Senate and fill casual vacancies in a HouseSenate of PakistanNational Assembly of Pakistan or a Provincial Assembly.Constitution of Pakistan – Article 219-(ii) Appointment of election tribunals.Constitution of Pakistan – Article 219-(iii) A commissioner also hears and decides cases of disqualification of members of Parliament and provincial assemblies.Constitution of Pakistan – Article 63-(ii) And receipt of reference from the chairman or the speaker or head of the political party, as the case may be.Constitution of Pakistan – Article 63-(i) To hold and conduct election to the office of the president as per Second Schedule to the Constitution of the Islamic Republic of PakistanConstitution of Pakistan – Article 41-(iii) To hold referendum as and when ordered by the president.Constitution of Pakistan – Article 41-(vi) To make rules providing for the appointment of officers and servants to be employed in connection with the functions of the chief election commissioner or an Election Commission and for their terms and conditions of employment. Under this power the Honorable Chief Election Commissioner framed the Election Commission (Officers & Servants) Rules, 1989Constitution of Pakistan – Article 221
List of former chief election commissioners of Pakistan
The following is the list of former chief election commissioners of Pakistan: No.NameTenure startTenure endRef.1F.M. KhanMarch 1956April 19622Akhter HussainApril 1962October 19643G. Moinuddin KhanOctober 1964December 19674N. A. FarooqDecember 1967April 19695Justice Abdus SattarApril 1969January 19716Justice Wahiduddin AhmadJanuary 1971October 19737Justice Sajjad Ahmad JanOctober 1973July 19788Justice Dorab PatelJuly 1978September 19799Justice Maulvi Mushtaq HussainSeptember 1979May 198010Justice Karam Illahi ChohanMay 1980March 198211Justice S.A. NusratMarch 1982April 198812Justice NaeemuddinApril 1988July 199313Justice Sardar Fakhre AlamJuly 1993February 199714Justice Mukhtiar Ahmad JunejoFebruary 1997March 199915Justice A.Q. ChaudryMarch 1999January 200216Justice Irshad Hasan KhanJanuary 2002January 200517Justice Qazi Muhammad Qazi Muhammad FarooqMarch 2006March 200918Justice Hamid MirzaMarch 2009July 201219Justice Fakhruddin G. EbrahimJuly 2012July 201320Justice Sardar Muhammad Raza KhanDecember 2014December 201921Sikandar Sultan RajaJanuary 2020 Note: A very small number of chief election commissioners have enjoyed their stipulated three-year term in office. The majority has either served for a shorter term or for extended tenures which were as long as seven years.
References
External links APPOINTMENT OF CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION
Election Commission of Pakistan Constitution of Pakistan Articles 213–221 Pakistan Observer The News Supreme Court of Pakistan The Dawn