The constitutional debate has been ignited after Council of Common Interests (CCI) approved the digital census to improve upon the census held in 2017 whether general elections that are due to be held after dissolution of National Assembly and two provincial assemblies of Sind and Balochistan by August 12, 2023 could be held within the mandated 60 or 90 days. Some government functionaries including the PM have doubted that elections could be held within the constitutionally mandated period since the constitution also directs that the general elections are to be held according to the last Census. 

It is being argued that a situation has arisen where two constitutional commands could not be carried out at the same time. The dice is loaded in favour of delaying the elections to accommodate latest Census results for change in the number of seats and fresh delimitation of the constituencies. Purely legally speaking, EC’s raison d’etre is to hold elections. The condition of factoring in latest Census could be fulfilled if there is ample time before holding of elections. The EC would dither from its primary responsibility by giving precedence to take Census results into account at the expense of holding elections within the mandated time period. 

The situation demands harmonising the two constitutional commandments. It is reasonably expected that the EC would approach the apex court for clarity as the EC on its own can not interpret as to which Constitutional provision would take precedence over the other. One may point out that umpteenth number of elections to the assemblies may be held under one Census but running constitutional machinery in the absence of elected houses has not been fathomed san for a limited period of 60 or 90 days. 

Political reason for approving the Census at eleventh hour so find an excuse for EC to delay the elections is aimed at by the ruling alliance to get favourable delimitation of the constituencies – a potent poly – for favourable outcome in the elections. 

Author: Khurram Aslam Khan, former Joint Director General, IB.