Before 1973, the commissioners were only appointed from thecivil services cadre and appointments came from thepresident.[1] After the promulgation of much and thoroughlyreformedconstitution in 1973 in shape of 18th Amendment, the constitutional provisions made mandatory and compulsory that appointments would only come from thejudicature branch's judges who were eligible to become chief election commissioner, however later on an amendment to the Constitution allowed civil servants to be appointed to the post as well.[1] The Constitution (orpresident on different occasions) lays the appointment andoath administered by thechief justice of Pakistan.[2]
The president of Pakistan appoints the chief election commissioner and four members of the Election Commission of Pakistan. Theprime minister andleader of the opposition in theNational Assembly recommend three names for appointment of CEC and for each member to a parliamentary committee for hearing and confirmation of any one person against each post. The parliamentary committee consisting of 12 members is constituted by thespeaker of theNational Assembly comprising 50% members from treasury benches and 50% from opposition parties out of which one-third shall be from Senate, the chief election commissioner has a tenure of 5 years.[3] The chief election commissioner enjoys the same official status as available to judges of theSupreme Court of Pakistan. The chief election commissioner can be removed by the president of Pakistan or the Supreme Court of Pakistan or through impeachment inNational Assembly of Pakistan. In the wake of the current election commissioner, Sikandar Sultan Raja's decision on March 22, 2023, to postpone the provincial elections, giving reasons, despite the Supreme Court's orders to conduct them on time, may result in his impeachment. A legal case is filed by the opposition party, Pakistan Tehrik-e-Insaf (PTI), in the Supreme court requesting the current election commissioner's impeachment under Article 6 of the Constitution of the country and appealed to direct ECP to conduct the elections on time, as per the earlier ruling of the supreme court.
A commissioner also hears and decides cases of disqualification of members of Parliament and provincial assemblies.[10] And receipt of reference from the chairman or the speaker or head of the political party, as the case may be.[11]
To hold and conduct election to the office of the president as per Second Schedule to the Constitution of theIslamic Republic of Pakistan[12]
To hold referendum as and when ordered by the president.[13]
To make rules providing for the appointment of officers and servants to be employed in connection with the functions of the chief election commissioner or anElection Commission and for their terms and conditions of employment. Under this power the Honorable Chief Election Commissioner framed the Election Commission (Officers & Servants) Rules, 1989[14]
List of former chief election commissioners of Pakistan
Note: A very small number of chief election commissioners have enjoyed their stipulated three-year term in office. The majority has either served for a shorter term or for extended tenures which were as long as seven years.
