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The appointment of the Chief Election Commissioner (CEC) of Pakistan is made under Article 213 of the Constitution of the Islamic Republic of Pakistan 1973. This Article provides the complete constitutional procedure for selecting the individual who will lead the Election Commission of Pakistan (ECP), the body responsible for conducting free and fair elections in the country.
Constitutional Provision: Article 213 states that the Chief Election Commissioner shall be appointed by the President of Pakistan. However, the President cannot make this appointment unilaterally. He must consult both the Prime Minister and the Leader of the Opposition in the National Assembly. The goal of this process is to ensure that the selected person has the trust of both the government and the opposition, thereby safeguarding the neutrality of the ECP.
If the Prime Minister and Leader of the Opposition cannot agree on a single name, each will submit three names to a parliamentary committee. This committee, composed of members from both the treasury and opposition benches, will then choose the Chief Election Commissioner from the proposed names.
Eligibility: Article 213 links directly to the eligibility criteria found in Article 177 of the Constitution, meaning the candidate must be a judge of the Supreme Court or qualified to be appointed as one. This ensures that the CEC has strong legal knowledge, judicial experience, and the capability to handle constitutional matters effectively.
Importance of Article 213:
The inclusion of these provisions in the 1973 Constitution reflects Pakistan’s commitment to democratic governance. By making the appointment process open, consultative, and based on merit, Article 213 helps build public confidence in the electoral system and ensures that elections are conducted with fairness, neutrality, and respect for the Constitution.
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