Sorry Mr President! Election date isn't your job: CEC

[epebble]

An act or law does not supersede the constitution.

In a normal country yes. In the Alice in Wonderland called Pakistan, the law minister professes ignorance about how a bill becomes law in Pakistan.

Caretaker govt says army, secrets bills became law after non-objection from president

Caretaker govt says army, secrets bills became law after non-objection from president

dunyanews.tv

With this degree of insouciance, you can as well throw a dice and interpret the laws.

 

[HAIDER]

He is right. It is the job of Honourable Hafiz Syed Asim Munir Sahib Rahmatullah’aleh

I seriously don t under military iron fist approach to the constitution of Pakistan. And how easily PDM/PMLN/PPP transfer all power to military through parliament.... strange extremely strange ..

 

[Jango]

In a normal country yes. In the Alice in Wonderland called Pakistan, the law minister professes ignorance about how a bill becomes law in Pakistan.

Caretaker govt says army, secrets bills became law after non-objection from president

Caretaker govt says army, secrets bills became law after non-objection from president

dunyanews.tv

With this degree of insouciance, you can as well throw a dice and interpret the laws.

Oh yeah, that's the defacto situation.

Practically in Pakistan, there is no law or constitution, it's what the man at the top wants. Nothing else.

 

[khansaheeb]

View attachment 948305
Chief Election Commissioner (CEC) Sultan Sikandar Raja on Wednesday said a recent amendment to the Clause 57 of Election Act meant that giving election date was the sole prerogative of the ECP as he responded to the letter sent by President Arif Alvi.

According to the ECP [Election Commission of Pakistan] spokesperson, the CEC had sent a written response to the president, in which it mentioned that he [Raja] won’t meet him to discuss the election date issue.

The letter says the last National Assembly was dissolved under Article 58 (1) [just days before the completion of its tenure] on the advice of prime minister [Shehbaz Sharif]. Had the president dissolved the legislature after it completed the five-year term, he would have enjoyed the power to announce election date under Article 58 (2) which wasn’t the case, it added.

Moreover, the CEC also noted in the letter that the process to carry out delimitation had started on the basis of new census.

Earlier in the day, it was reported that Raja had decided not to meet Alvi after he received a detailed briefing on the issue by legal experts who said consulting the president wasn’t required after the amendment introduced by the coalition government before leaving the office.

The latest controversy was triggered by Alvi on Wednesday by inviting Raja for a meeting to fix a date for elections – a move that raised many eyebrows as the electoral body has now been empowered to decide the matter without having to consult the president.

Alvi quoted Article 244 of the Constitution, saying he was duty-bound to get the elections conducted in the 90-day period once the National Assembly was dissolved prematurely. He also cited Article 48 (5) to argue his case.

Sorry Mr President! Election date isn't your job: CEC

Raja tells Alvi in a written response that ECP is now sole authority to give election date

dunyanews.tv

Toothless Presidency , the President should fire him ASAP. Those corrupts who don't respect democracy need to be ousted.

 

[EternalMortal]

The bracketed text was amended. It removes the constitutional requirements and makes the Election commission the ultimate authority. The parliament probably thought this will make elections apolitical. That might be true. But now, Election commission has the absolute power over elections: When, where how etc. It is like giving someone power of attorney.

No, that’s not how it works. A law cannot be independent of the constitution. There’s no such thing as removing a constitutional requirement because the constitution is by DEFAULT the ultimate arbiter. ECP can’t just say it won’t follow the constitution simply because the law doesn’t say it needs to follow it. The law it follows is by definition under the constitution.

In a normal country yes. In the Alice in Wonderland called Pakistan, the law minister professes ignorance about how a bill becomes law in Pakistan.

Caretaker govt says army, secrets bills became law after non-objection from president

Caretaker govt says army, secrets bills became law after non-objection from president

dunyanews.tv

With this degree of insouciance, you can as well throw a dice and interpret the laws.

and whose fault is that? The same generals you simp over, which makes you a huge part of the problem.

 

[DGMO]

Even today, many legal bods ( 7 out of 8) on Maria Memon's Sawal Yeh Hai stated that according to the Constitution, the President shall appoint the date of elections within 90 days.

They dismissed the notion of the recent amendment to the Election Act overriding the Constitution.

The only legal bod disagreeing I believe is part of the caretaker govt, and therefore one of Whisky Munir's lackeys.

And those stating this can't be said to be pro-PTI.

Even Reema Omer agrees with this which she says is very clear as per the Constitution and the Election Act being subject to it.

With so much legal consensus, I find it hard to see how the SC won't rule in favour of general elections being held in 90 days. But we've been here before and know the outcome.

 

[ziaulislam]

Obviously, Pakistan's lawmakers smoke something powerful when passing laws that contradict each other and the constitution. And the supreme court is too busy resolving wristwatch scandals to clean up constitutional detritus. No wonder the military appears as the least stupid institution of Pakistan government.

Lol

You know what common law (or common sense) is right

There is nothing wrong in law infact the law states with "stating not contradicting to consitution...."

Consitution takes precedent to any ordinary law


The law states elections commission arranges the schedule/ election dates but consitution article 41 1-5 is clear that president gives a date

Any sane person will understand what this means

Pakistan consitution is fine it's just it lacks common law..and when that happens nothing can be fixed

Tomorrow election commission or PDM can say that president means senate chairman or ex president zardari...what will you do than?..

 

[WarKa DaNG]

In Pakistan, everybody is doing everything except their jobs

 

[N.Siddiqui]

ECP is citing the new act enacted, but as per constitution of Pakistan, president is bound to give date about the election with consultation of relevant authority.

And constitution is supreme, permanent, tangible and manifested.

No act of parliament can override it, unless changes are made with two third majority in the constitution.

Election acts are not permanent, constitution is.