Talat Masood, a retired lieutenant general of the Pakistan army, feels that if Musharraf gets elected from the current assemblies, people will be forced to believe that the elections were rigged. He has, says Masood, an election commissioner of choice, the entire administrative machinery well-oiled to suit his needs, and above all, being president, it is unbecoming for him to have political affiliations. He is virtually the man calling the shots in the PMLQ.
What is the composition of Pakistan’s electoral college?
Like in India, Pakistan’s electoral college has members of the upper and lower Houses of Parliament as well as those from provincial assemblies. “Under Section 41(3) of the Constitution, Pakistan’s Electoral College consists of members of both houses of Parliament (National Assembly and Senate) and also members of the provincial assemblies,” says Malik. But there’s a catch, he notes. Pakistan has four provincial assemblies, but the word ‘four’ is not mentioned in this provision of the Constitution. “According to the government, even if the opposition parties successfully dissolve the NWFP provincial assembly in the current scenario, this would have no impact on the presidential election. However, if the doctrine of ‘original intent’ is used, the mention of ‘provincial assemblies’ in Article 41(3) should be taken as all ‘four’ provincial assemblies. This is what a large majority of the legal community believes to be the right position.”
What are the implications of Article 63? How does it affect Musharraf’s re-election? How is it connected to his decision to give up the post of chief of army staff?
... contd.