Election changes that aim to enhance the democratic process have historically influenced Pakistan’s political environment; not all reforms are warmly welcomed. The Election Amendment Act 2024 is one such reform that has generated a lot of debate and prompted a petition to be filed in the Lahore High Court (LHC).
The government proposed the modification in an effort to modernize and expedite the electoral process. Opposition parties, civil society groups, and legal experts, however, have expressed grave concerns over its content, claiming that it compromises Pakistan’s democratic foundation.
This article examines the Election Amendment Act 2024 in length, highlighting the main causes of its controversy and offering a critique of the court filing
Understanding the Election Amendment Act 2024
The goal of the Election Amendment Act 2024 was to modernize some aspects of Pakistan’s electoral system. The Act’s supporters contend that it resolves long-standing problems with election efficiency, voter participation, and openness. Critics, however, worry about the process’s impartiality since they perceive it as a tool that could allow for election manipulation in the future.
Key Features of the Amendment
Digital Voting System
One of the most notable aspects is the launch of a brand-new digital voting platform. This seeks to update Pakistan’s electoral procedures, making them more accessible and effective.
Voting Rights Abroad
The Act enables Pakistani nationals residing overseas to vote electronically, which was perceived as a means of granting voting rights to millions of Pakistanis employed abroad.
Election Commission Empowerment
| Aspect | Description | Benefits |
| Independence | Ensuring that the Election Commission (EC) operates independently, free from government influence or partisan pressure. | Enhances credibility and public trust in electoral processes; reduces political interference. |
| Legal Framework | Strengthening the constitutional and legal framework that defines the powers, functions, and autonomy of the EC. | Clear legal mandates help prevent political manipulation and ensure transparent, lawful operations. |
| Financial Autonomy | Granting the EC full control over its budget and financial resources, independent of the executive branch of government. | Ensures the EC has the necessary resources to conduct elections efficiently without reliance on government approval, safeguarding against financial constraints or coercion. |
| Administrative Control | Empowering the EC to recruit and manage its staff independently, with authority over appointments, training, and disciplinary measures. | Ensures professional and unbiased management of elections; prevents political appointees from influencing outcomes. |
| Judicial Powers | Allowing the EC to investigate electoral violations, enforce election laws, and impose penalties or sanctions for misconduct. | Increases the enforcement of electoral integrity and deters electoral fraud, violence, and corruption. |
| Technological Integration | Adopting advanced technologies such as electronic voting systems, biometric verification, and secure digital platforms for transparent election management. | Increases efficiency, reduces human error, and mitigates the risk of electoral fraud. |
| Public Engagement & Education | Conducting widespread voter education campaigns, public consultations, and fostering open dialogue on electoral reforms. | Improves voter turnout, ensures informed voting, and promotes democratic participation. |
| Dispute Resolution Mechanisms | Creating effective, independent dispute resolution bodies within the EC to address electoral grievances and conflicts swiftly and fairly. | Reduces post-election disputes and violence, strengthens faith in the electoral process. |
| Monitoring & Oversight | Empowering the EC to monitor political campaigns, track campaign finances, and oversee media coverage to ensure fair competition among candidates. | Ensures transparency in campaign funding, reduces the risk of undue influence from moneyed interests, and promotes equal media access for all candidates. |
| International Collaboration | Facilitating cooperation with international electoral bodies, NGOs, and observers to adopt best practices and promote global standards in election management. | Encourages knowledge sharing, introduces global best practices, and increases international credibility of the election process. |
| Security Collaboration | Partnering with law enforcement and security agencies to ensure safe, violence-free elections, especially in regions prone to political unrest. | Guarantees voter safety, reduces electoral violence, and ensures peaceful elections. |
| Auditing and Accountability | Establishing mechanisms for post-election audits, reviews, and reports to assess the integrity and efficiency of electoral processes. | Promotes transparency, identifies areas for improvement, and holds the EC accountable for any mishandling. |
| Empowerment through Reforms | Regular review and updates to election laws and EC policies to keep pace with evolving political, social, and technological environments. | Ensures the EC remains relevant, adaptable, and responsive to new challenges, enhancing its long-term effectiveness. |
More authority has been granted to the Election Commission of Pakistan (ECP) to better disqualify candidates, enforce electoral laws, and look into irregularities.
Changes to Delimitation
The Act provides for updating the boundaries and constituencies in accordance with the most recent census’s revised population data.
EVMs, or electronic voting machines
To counteract electoral fraud, the amendment incorporates the
Concerns of Opposition Parties
Voter Manipulation
The integrity of the election results may be jeopardized if the electronic voting system is hacked or otherwise manipulated, according to opposition parties.
Voting Vulnerabilities Abroad
The system that permits Pakistanis living abroad to cast electronic ballots has come under fire for not having enough security measures, which some claim could result in tampered voting or outside intervention
ECP’s Expanded Authority
Although the expansion of the Election Commission’s authority may appear advantageous, detractors contend that in the absence of adequate checks and balances, the ruling party may misuse it to unfairly exclude its rivals.
Delimitation Issues
Some have accused the process of redrawing constituency boundaries of gerrymandering. Opposition parties worry that the governing administration may redraw boundaries to their advantage, weakening their electoral base.
Public Reaction and Civil Society Movements
Concerns about the Act have also been expressed by human rights organizations and civil society organizations. Despite the Act’s seeming progressive nature, many campaigners contend that it may undermine democratic principles
Important issues include
Lack of Consultation
According to critics, the Act was passed without sufficient consultation with important parties, such as civil society organizations and political parties.
Digital Divide
Accessibility concerns have been brought up by the implementation of digital voting methods, especially for rural communities that might not have the necessary technology or the computer literacy to cast electronic ballots.
Legal Challenges and Petitions
The legal community has also not been quiet about the issue. Due to constitutional concerns expressed by a number of legal professionals, numerous petitions have been filed in Pakistani courts. The petition filed in the Lahore High Court (LHC), which has attracted a lot of attention, is the most important of these.
The Lahore High Court (LHC) Petition
A significant obstacle to the government’s legislative agenda is the petition against the Election Amendment Act 2024 that was submitted to the Lahore High Court. The petition challenges the validity of certain Act provisions and is founded on a variety of constitutional concerns.
The Petition’s Core Arguments
Violation of Fundamental Rights
According to the petition, the Act’s provisions—specifically, the installation of electronic voting systems—violate Pakistan’s Constitution’s guarantee of a free and fair election.
Security Issues
The susceptibility of electronic voting systems to hacking and cyberattacks is one of the petition’s main concerns. The petitioners contend that insufficient protections have been put in place by the administration to guarantee the election’s security.
Absence of Parliamentary Scrutiny
The petition also expresses disapproval of the Act’s passage process, arguing that it was not subjected to the appropriate legislative review, particularly from opposition parties.
Constitutional Concerns Raised in the Petition
The petitioners have identified a number of constitutional provisions that they contend the Act infringes upon:
Elections must be held in a fair, just, and transparent manner, according to this article. According to the petition, these values are compromised by the implementation of electronic voting technologies.
The appeal also cites the principle of equality before the law, arguing that the Act unfairly disadvantages opposition parties in particular.
According to this article, all elections must be held using secret ballots, with the exception of those for the prime minister and chief ministers. The petitioners contend that the vote’s confidentiality is jeopardized by the electronic voting mechanism.
FAQ
Who Filed the Petition?
A coalition of civil rights organizations, opposition parties, and well-known legal professionals submitted the petition. This group consists of independent activists and attorneys who are worried about the survival of Pakistan’s electoral democracy, as well as members of significant political parties including the Pakistan Muslim League (N) and Pakistan People’s Party (PPP).
Why is the Election Amendment Act 2024?
The Election Amendment Act 2024 has drawn criticism from a range of political and societal areas despite its purported advantages. Many people are concerned that the Act’s provisions could be abused and that it could open the door for electoral manipulation.
The Election Amendment Act 2024?
In order to improve Pakistan’s electoral process, the government introduced the Election Amendment Act 2024, which includes extending voting rights to Pakistanis living abroad and using computerized voting technologies.
What makes the Act controversial?
Opponents contend that the Act creates weaknesses in the electoral process, such as the possibility of voter fraud, electronic voting system hacking, and unequal political representation as a result of constituency redrawing.
What is the purpose of the LHC petition?
With an emphasis on issues with election security, fairness, and openness, the petition contests the Election Amendment Act 2024’s constitutionality.
Who submitted the petition to the LHC?
A partnership between opposition parties, legal professionals, and
