ELECTORAL REFORMS IN PAKISTAN: A JUDICIAL APPRAISAL OF THE ELECTION COMMISSION’S POWERS AND FUNCTIONS

Abstract

Electoral reform is a broad concept that broadly refers to improving the responsiveness of electoral processes to public expectations and democratic principles. In practice, such reforms often emerge from negotiations between political stakeholders, particularly ruling parties and the opposition, each seeking to maximize electoral advantage. Reforms are also frequently triggered by disputes arising in pre- and post-election processes.

In Pakistan, the persistent demand for electoral reform has stemmed from recurring challenges such as a trust deficit in the electoral system, lack of transparency, weak institutional capacity, and disputed election results. Political parties remain structurally fragile, while the historical involvement of the military and bureaucracy has significantly shaped electoral outcomes. Recent reforms under the Elections Act, 2017, introduced without a broad-based consensus, have raised concerns about the integrity of future elections and deepened political polarization.

This analysis will critically examine the role of the Election Commission of Pakistan (ECP) in pre- and post-electoral processes, with particular focus on its performance and limitations in light of Supreme Court jurisprudence. The first part evaluates electoral reforms within the framework of law and recurring electoral disputes, while the second part analyzes the ECP’s role in implementing these reforms through judicial guidance. The study concludes by emphasizing the importance of aligning Pakistan’s electoral framework with international standards, ensuring inclusivity of all political stakeholders, and strengthening judicial review as a safeguard for transparency, accountability, and democratic integrity.