Although Parliament has been deliberating on electoral reforms for a considerable period of time under different governments, the aim to achieve the minimum standers of holding free and fair elections in Pakistan was not achieved despite Parliamentary Committee on Electoral Reforms during 13th National Assembly submitted its recommendations. The opposition parties particularly the Pakistan Tehreek INsaaf (PTI) regarded the General Elections 2013 were the most rigged election ever in Pakistan. PTI and PAT protested the rigging and their long marches led to a long sit in in front of Parliament.

On demand of PTI, the Parliamentary Committee on Electoral Reforms was formed on 25th July after Prime Minister Nawaz Sharif wrote to the National Assembly Speaker on June 10, 214, to constitute a special parliamentary committee having representation of members from both the houses of parliament for electoral reforms. The committee was mandated to consider and present recommendations ensuring free, fair and transparent elections.

The existing constitutional and legal provisions constituting the legal framework of election commission structure and election administration show that electoral reforms require amending the Election Commission Order 2002 (Chief Executive’s Order No. 1 of 2002), the Conduct of General Elections Order 2002 (Chief Executive’s Order No. 7 of 2002), the Political Parties Order 2002 (Chief Executive’s Order No. 18 of 2002), the Representation of People Act 1976 (Act No. LXXXV of 1976), the Electoral Rolls Act 1974 (Act No. XXI of 1974), the Delimitation of Constituencies Act 1974 (Act No. XXXIV of 1974) and the Senate (Election) Act 1975 (Act No. LI of 1975). Further to provide single set of rules unifying existing electoral laws into a one law.

The Terms of Reference (ToRs) of the Electoral Reforms Committee were established by the National Assembly and its composition was decided by the Speaker National Assembly and Chairman Senate on the line of instructions of Prime Minister. The Parliamentary Committee on Electoral Reforms reviewed and finalized its ToRs during its 4th meeting on August 19, 2014, but did not make them public for more than two weeks. According to the rules, the committee’s scope of work shall include but not limited to evaluate shortcomings of previous elections and making recommendations for electoral reforms to ensure that future elections are held in free, fair and transparent manner. The rules say the quorum to constitute a meeting shall be at least one-fourth of the total membership.

According to rules the meetings shall be held in-camera unless otherwise decided by the committee and the proceedings and any information tendered before the committee shall be treated as secret unless the committee in the public interest decides otherwise. The committee shall have the powers to call for papers, records or documents and it also may invite experts in electoral matters, civil society organizations, lawyers or any other person as may be decided.

The committee will present its report to the parliament within three months from the date of its notification and it may be either interim or final and it shall incorporate views of the committee members and experts and it is required to be presented to each House.

The parliamentary committee on electoral reforms, headed by Finance Minister Ishaq Dar has failed to complete its work within 90 days as prescribed by the Rules of Business of the Parliamentary Committee on Electoral Reforms mainly because of its irregular meetings, lack of political will and least consultation with stakeholders.

The Committee constituted on demand of PTI had held 10 meeting so far and only first two meetings were attended by the three PTI members.

Subsequently, the Committee has also formed a sub-committee consisting of twelve members. It is headed by Minister for Science and Technology Zahid Hamid and had a total of six meetings so far. In 10th meeting of the Parliamentary committee on Electoral reforms which held on 19th November, the sub-committee on electoral reforms proposed amendments in the election laws, empowering ECP to have control over polling officials.

The Parliamentary Committee on Electoral Reforms has received a total 316 recommendations on electoral reforms from the Election Commission of Pakistan (ECP), public and relevant stakeholders. Of the total recommendations received, 202 have been submitted by different segments of the society. The recommendations proposed by ECP are mainly demanding to strengthen their authority on electoral process. While the civil society recommendations have been demanding for improvements in the existing electoral structure. FAFEN a Network of 42 civil society organizations have proposed a set of constitutional and legal recommendations for comprehensive electoral reforms.