Treasury and opposition parties in Pakistan’s parliament are heading towards an ugly showdown as Prime Minister Imran Khan’s is intent on pushing through controversial electoral reform legisnation.
The government seems set on instating the use of Electronic Voting Machines (EVMs) in time for the next general election. On the other hand, the opposition parties, especially the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples’ Party (PPP), are determined to oppose to the proposed election laws that will also accord on overseas Pakistanis the right to vote in a general election.
Last week, Prime Minister Imran Khan again vowed polling would be conducted through EVMs in the 2023 general election come what may. Presiding over a meeting of the core committee of the ruling Pakistan Tehreek-i-Insaf (PTI), the Prime Minister also said that overseas Pakistanis would certainly cast their ballots in the next general election in the country.
On 29 September, the PTI government moved one step closer to introduction of much talked about Electronic Voting Machines and giving right of vote to overseas Pakistanis as it referred the controversial Elections (Amendment) Bill, 2021 and the Elections (Second Amendment) Bill, 2021 to a joint sitting of the Parliament amid strong protest by all the opposition parties.
The legislation will amend the Election Act, 2017. The motion to refer the bills to the joint sitting was adopted by the House in absence of the opposition members who had walked out after pointing out lack of quorum.
Since the start of the session on 17 Septem- ber, the government struggled to complete a quorum in the House which prevented passage of the required motion. The two bills related to amendments in the Elections Act, 2017 were adopted by the National Assembly on 10 June this year but could pass the Senate within the stipulated 90 days.
As per the Constitution, the President may from time to time summon either or both houses of the parliament in a joint sitting. Adviser to the Prime Minister on Parliamentary Affairs Dr Babar Awan has said that the government will ensure that the bill seeking electronic-and-internet voting for the next polls is made law before the end of this year. With the government and the opposition sticking to their respective positions, it seems that both the sides are lurching towards an angry showdown in the parliament.
Political observers believe that PM Imran Khan enjoys popularity among the overseas Pakistanis and this is what has been causing panic among the opposition parties. They term I-voting for overseas Pakistanis a hope for PTI and despair for the opposition as the PML-N especially believes that overseas are inclined towards the PTI.
The introduction of I-voting for overseas Pakistanis is giving great confidence to the ruling PTI because it could boost its prospects for a possible second term in government.
However, the opposition parties, particularly the PML-N and the PPP, have their reservations to the government’s electoral reforms agenda. They suspect that the government is pushing for electronic and I-voting to rig the elections.
The Pakistan Peoples’ Party has also expressed its reservations about the new electoral scheme that the Imran Khan government is pushing for. But the PML-N is most worried because the party believes that it stands a chance to win the next polls if held fairly and freely.
On its part, the Election Commission of Pakistan (ECP) has raised as many as 37 objections to the proposed introduction of EVMs. The ECP warned that the machine was tampering-prone and its software could easily be altered. “It is nearly impossible to ensure that every machine is honest,” noted the ECP document submitted to a parliamentary body.
The ECP further said time was too short for a large-scale procurement and deployment of EVMs and imparting training to a massive number of operators, adding that it was not advisable to introduce EVMs nationwide in one go. It said the polls on one day as required under the law would be nearly impossible.
It also referred to various other issues linked with the use of EVMs, including lack of ballot secrecy, lack of capacity at all levels and lack of ensuring security and chain of custody for the machines at rest and during transportation.
It also pointed out that there would be no evidence available in case of an election dispute. It went on to say that in case of introduction of the technology in haste, the conduct of free, fair, credible and transparent elections as per the Constitution was not possible.
The Free and Fair Election Network (FAFEN) is of the view that such technology could compromise a voter’s secrecy as his choice might be tracked. It said the amendment lacked on critical questions pertaining to voting by overseas Pakistanis, including responsibility of their registration as voters and allocation to the constituency and mechanism for the ECP to enforce the legal requirements as provided for under Section 30 of the Elections Act, dealing with claims and objections, and Section 37 that deals with verification.
Minister for Law and Justice Farogh Naseem, however, rejected all objections of the opposition members, saying the Constitution and the Elections Act authorise the government to make changes in the election laws and use of advanced technology for fair and free elections.
He said the Election Commission of Pakistan also has no jurisdiction to oppose any changes in election laws, and asserted it was the Parliament to provide for conduct of elections under Article 222 (d) of the Constitution.
The use of Electronic Voting Machines and giving right of vote to overseas Pakistanis are not the only issues where government and the opposition are disagreeing. The disagreement extends to the appointment of Chairman NAB and ECP members as well.
For the bill to be passed, it would need the vote of the majority of the total membership of the two Houses. The bill will then be signed by the speaker and sent to the president to be turned into law.
Technically, there is no constitutional issue with making laws through a joint session while no law requires that bills should have a consensus before being passed. Passing any election-related law though the majority is technically possible but it will remain controversial.
The proposed electoral reforms have been a hot issue in Pakistan nowadays where political parties have long accused each other of poll rigging. Amid a deepening controversy over the use of electronic voting machines (EVMs) and right of vote to overseas Pakistanis, the government and the opposition have agreed to form a parliamentary committee to discuss matters relating to electoral reforms but nothing fruitful is expected.
The passing of the controversial bills may trigger another round of animosity between government and the opposition parties. The parliament has seen violence even on petty issues before. What happens when both the government and the opposition take the proposed legislation as a matter of success and failure for them remains to be seen.
