Dr.Arif Alvi discussed matters of constitutional importance with caretaker Law Minister
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President Dr. Arif Alvi engaged in discussions related to election matters with the caretaker Law Minister, Ahmed Irfan Aslam, on Monday. During this meeting, he emphasized the importance of making decisions that align with the spirit of the Constitution. This conversation took place at Aiwan-i-Sadr in Islamabad, where President Alvi underscored the need to uphold the supremacy of the Constitution, as stated in a Presidency-issued statement.
The meeting becomes significant against the backdrop of varying stances taken by the President, the Election Commission of Pakistan (ECP), political parties, and other stakeholders regarding the timing of the general elections and the authority responsible for determining the final poll date. The ECP has ruled out elections for the current year, while the 90-day limit for conducting polls after the dissolution of the National Assembly, as mandated by Article 224 of the Constitution, concludes on November 9. The ECP's rationale for postponing elections beyond this date hinges on the notification of results from the new digital 2023 census and Section 17(2) of the Elections Act, which mandates constituency delimitation after each official census publication.
In a recent development, President Alvi invited Chief Election Commissioner (CEC) Sikandar Sultan Raja for a meeting aimed at "fixing an appropriate date" for the general elections. In his letter to the CEC, the President cited Article 244 of the Constitution, asserting his duty to ensure elections are conducted within the prescribed 90-day period upon the premature dissolution of the National Assembly. However, a recent amendment to the Elections Act 2017 has conferred the authority to unilaterally announce poll dates to the ECP without needing consultation with the President.
Responding to the President's invitation, the CEC referenced this legislative change, downplaying the importance of their meeting to decide the election date. Subsequently, President Alvi sought advice from the law ministry on the matter, and the ministry communicated that the power to announce the poll date rested with the Election Commission of Pakistan (ECP) after he sought its counsel.
Interim Prime Minister Anwaarul Haq Kakar echoed a similar viewpoint during his first interview in office. He emphasized that, according to the law, determining the date for general elections was the prerogative of the ECP. However, he added that the caretaker government would comply with any binding judgment issued by the Supreme Court, requiring elections to be held within the prescribed 90-day period.
