Jonah Patel
The 20th Amendment to the Constitution of Pakistan, passed in 2012, introduced amendments to several articles and schedules within the document. The changes primarily focused on refining the processes related to the Election Commission of Pakistan, including the formation of an eight-member committee to nominate the prime minister and chief ministers, and outlining the procedures for the appointment and removal of the Chief Election Commissioner and members of the Election Commission.
| Characteristics | Values |
|---|---|
| Date passed by National Assembly | 14 February 2012 |
| Date passed by Senate | 20 February 2012 |
| Date signed by President | 28 February 2012 |
| Amendments | Article 48, Article 214, Article 215, Article 216, Article 218, Article 219, Article 224, Article 224A, Second & Third Schedule to the Constitution of Pakistan |
| Purpose | To set down a process to install a caretaker set-up and hold free and fair elections, and matters related to the office of Chief Election Commissioner and Member of Election Commission |
| Other | Requires an eight-member committee each at the Centre and the Provinces to nominate the Prime Minister and the Chief Ministers respectively and their cabinets |
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What You'll Learn
Amendments to Articles 48, 214, 215, 216, 218, 219, 224, 224A, and the Second & Third Schedule
The 20th Amendment to the Constitution of Pakistan, passed in February 2012, made changes to several articles, including 48, 214, 215, 216, 218, 219, 224, and 224A, as well as the Second and Third Schedules.
The amendment focused on establishing a process for installing a caretaker government, facilitating free and fair elections, and addressing matters related to the Chief Election Commissioner and Election Commission. One of its key objectives was to streamline the process of appointing caretaker chief ministers and their cabinets by reducing the number of committees involved at the provincial level.
Article 48: This article was amended to provide a framework for the appointment of a caretaker government during the interim period between the dissolution of one legislative assembly and the formation of a new one after elections.
Articles 214, 215, 216, 218, 219, and 224: These articles pertain to the Election Commission and its functions. The amendments made changes to the composition, powers, and procedures of the Election Commission, including substituting the word "Commissioner" with "Election Commission" in certain sections.
Article 224A: This article was introduced to address the appointment, qualifications, and removal of the Chief Election Commissioner and members of the Election Commission.
Second and Third Schedules: The Second Schedule outlines the rules for the procedure of business in the Senate, while the Third Schedule details the rules for the conduct of business in the National Assembly. The 20th Amendment likely made changes to these schedules to accommodate the new provisions regarding elections and the role of the Election Commission.
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Process for free and fair elections
The 20th Amendment to the Constitution of Pakistan, passed in 2012, introduced a set of provisions to ensure free and fair elections. The amendment set out a process to install a caretaker government during elections and outlined the roles of the Chief Election Commissioner and the Election Commission of Pakistan (ECP) in overseeing the electoral process.
One of the key measures introduced by the 20th Amendment was the establishment of an eight-member committee at the centre and in each province to nominate the prime minister and chief ministers, respectively, and their cabinets. This measure aimed to reduce the number of committees involved in the appointment process and streamline the formation of a caretaker government, which is responsible for overseeing free and fair elections.
The amendment also clarified the role of the Chief Election Commissioner (CEC) and the ECP in conducting elections. It mandated that the Chief Justice of Pakistan administer the oath of office to the CEC, who would then administer the oath to the newly appointed members of the ECP. The amendment further specified that the procedure for extending the tenure of ECP members would be the same as that for the CEC, as would the procedure for their removal.
To ensure the independence of the ECP, the 20th Amendment granted it the legal authority to oversee bye-elections conducted by the Chief Election Commissioner. This amendment addressed the need for a neutral body to supervise elections and provided a framework for the ECP to manifest its authority during the electoral process.
The 20th Amendment to the Constitution of Pakistan established clear guidelines for the conduct of free and fair elections. By delineating the roles of the caretaker government, the Chief Election Commissioner, and the Election Commission of Pakistan, the amendment aimed to create a transparent and impartial electoral process, thereby strengthening the democratic foundations of the country.
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Caretaker setup and the role of the Election Commission of Pakistan
The 20th Amendment to the Constitution of Pakistan, passed in 2012, introduced amendments related to the formation of the Election Commission and the installation of a caretaker setup to ensure free and fair elections. The amendment set out a process for the appointment of a caretaker Prime Minister and Chief Ministers in the event that the constituted committees failed to reach a consensus within three days.
The Election Commission of Pakistan (ECP) plays a crucial role in this process. When the constituted committees cannot agree on a caretaker setup, the matter is referred to the ECP, which is responsible for appointing the Caretaker Prime Minister and Chief Ministers. The amendment also addresses the role of the Chief Election Commissioner (CEC), who is now responsible for administering the oath of office to the newly appointed members of the Election Commission. The procedure for extending the tenure of ECP members is the same as that specified for the CEC, and the process for removing an ECP member mirrors that of the CEC as well.
The 20th Amendment reduced the number of committees at the provincial level responsible for appointing caretaker Chief Ministers and their cabinets. Instead, it mandates the formation of an eight-member committee at the Centre and in each province to nominate the Prime Minister, Chief Ministers, and their respective cabinets. This amendment aimed to streamline the process of appointing caretaker governments and providing for the manifestation of interim cabinets.
The Election Commission of Pakistan, as empowered by the 20th Amendment, is a key institution in ensuring the integrity of Pakistan's electoral process. By providing for the legal coverage of bye-elections conducted by the Chief Election Commissioner, the ECP helps guarantee free and fair elections. The independence of the Election Commission of Pakistan is also crucial, as emphasised by the Supreme Court of Pakistan, to uphold the democratic process in the country.
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Independence of the Election Commission
The 20th Amendment to the Constitution of Pakistan, passed in 2012, introduced amendments relating to the formation of the Election Commission and aimed to ensure its independence.
The Election Commission of Pakistan (ECP) is now responsible for appointing a caretaker Prime Minister and Chief Ministers if the constituted committees fail to reach a consensus on a caretaker setup within three days. The amendment outlines a process for the installation of this caretaker setup and the holding of free and fair elections.
The Chief Justice of Pakistan administers the oath of the new Chief Election Commissioner (CEC), who then administers the oath to the newly appointed members of the Election Commission. The procedure for extending the tenure of ECP members is the same as that specified for the CEC. Similarly, the procedure for removing an ECP member is now the same as that for removing the CEC, with the member required to submit their resignation to the President.
The 20th Amendment reduced the number of committees at the provincial level responsible for appointing caretaker chief ministers and their cabinets. It mandates the formation of an eight-member committee at the Center and in the Provinces to nominate the Prime Minister, Chief Ministers, and their cabinets.
These changes were made to Articles 48, 214, 215, 216, 218, 219, 224, and 224A, as well as the Second and Third Schedules of the Constitution of the Islamic Republic of Pakistan. The amendments were passed by the National Assembly on February 14, 2012, and subsequently by the Senate on February 20, receiving the President's signature on February 28.
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Oaths administered by the Chief Justice of Pakistan
The 20th Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on 14 February 2012 and was signed by the President on 28 February 2012. The amendment made changes to several articles of the constitution, including Article 48, Article 214, Article 215, Article 216, Article 218, Article 219, Article 224, and Article 224A.
One of the key components of the 20th Amendment is the provision regarding oaths administered by the Chief Justice of Pakistan. The amendment requires the Chief Justice of Pakistan to administer the oath of office to the new Chief Election Commissioner (CEC). This process ensures the impartiality and independence of the election commission.
The Chief Election Commissioner plays a crucial role in overseeing the election process and ensuring free and fair elections. By having the Chief Justice administer the oath of office, the 20th Amendment reinforces the integrity and independence of the electoral process.
The amendment also outlines the procedure for the extension or removal of members of the Election Commission. In the event that the constituted committees fail to reach a consensus on a caretaker setup within three days, the matter is referred to the Election Commission of Pakistan (ECP) for appointing a caretaker Prime Minister and Chief Ministers. The procedure for extending the tenure of ECP members is the same as that specified for the Chief Election Commissioner. Similarly, the process to remove an ECP member mirrors that of removing the Chief Election Commissioner, with the member submitting their resignation to the President.
The 20th Amendment to the Constitution of Pakistan strengthens the electoral process by clarifying the roles and procedures related to the Election Commission. The involvement of the Chief Justice of Pakistan in administering oaths to the Chief Election Commissioner underscores the importance of conducting elections with fairness, transparency, and in adherence to the constitution.
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Frequently asked questions
The 20th Amendment, or the Constitution (Twentieth Amendment) Act, 2012, amends provisions related to the formation of the Election Commission.
The amendment sets out a process for installing a caretaker government and holding free and fair elections. It also reduces the number of committees responsible for appointing caretaker chief ministers and their cabinets, and outlines the procedures for the extension and removal of members of the Election Commission of Pakistan (ECP).
The 20th Amendment Bill was passed by the National Assembly of Pakistan on 14 February 2012, by the upper house (Senate) on 20 February, and was signed by the President on 28 February 2012.
The amendment requires the Chief Justice of Pakistan to administer the oath of the CEC, who will then administer the oath to newly appointed members of the Election Commission. The procedure for extending the tenure of ECP members is now the same as that specified for the CEC, and the process for removal is also aligned.
The 20th Amendment made changes to Article 48, Article 214, Article 215, Article 216, Article 218, Article 219, Article 224, Article 224A, and the Second & Third Schedule to the Constitution of Pakistan.
