With Pakistan President Pervez Musharraf all set to be re-elected this week, the country’s polity is bound to be altered. One, he has designated his successor as army chief, Ashfaq Pervez Kiyani. Two, talk still abounds of a deal with Benazir Bhutto and her Pakistan Peoples Party. How will it change the balance of power in Islamabad? How will Musharraf’s own powers be affected? What is the exact legal/constitutional position? Ruchika Talwar finds out from leading Pakistani analysts
What are the legal implications of Pervez Musharraf’s re-election on October 6? Will he have to be re-elected by the next assemblies as well?
He is seeking re-election from the current assemblies since his political supporters, PML(Q) and MQM and so on, are in a position to elect him without much trouble. Says Taimur Malik, a practising barrister and executive director of the think tank, Research Society of International Law, Pakistan: “There is no clear provision in the Constitution of Pakistan (or other laws) which expressly prohibit a president from seeking re-election from an assembly which is breathing its last. However, legal and constitutional experts are arguing that this eventuality could not have been intended by the drafting committee of the Constitution. Moreover, once he is elected president by the present assemblies, he is under no legal obligation to seek re-election or even a vote of confidence from the new assemblies. Furthermore, it may be difficult to challenge the legality of his election once he has been elected.”
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