The constitutional provisions outlined in Articles 51, 106, and 224, combined with the stipulations in Section 104 of the Election Act and Rules 92, 93, and 94 of the Election Rules, play a critical role in the allocation of reserved seats for women and non-Muslims in the electoral process. This set of regulations underscores the commitment to ensuring representation for marginalized groups within the legislative bodies. Article 51 of the constitution designates a specific number of seats for women in the National Assembly, while Article 106 extends this provision to non-Muslims. A similar arrangement is made for provincial assemblies, as specified in Article 224. These constitutional articles establish the foundation for a more inclusive political landscape, recognizing the importance of diverse representation in the decision-making process. Section 104 of the Election Act delves into the procedural aspects of contesting for these reserved seats. It mandates that political parties submit priority lists for women and non-Muslim candidates to the Elections Commission of Pakistan (ECP) within a specified timeframe. This requirement ensures transparency and allows for the timely dissemination of information regarding the candidates to the public.
Moreover, Rules 92, 93, and 94 of the Election Rules provide the framework for the implementation of these constitutional and statutory provisions. Rule 92 governs the submission of party lists, Rule 93 addresses the inclusion of additional candidates, and Rule 94 emphasizes the legal constraints on altering or changing the lists once the nomination deadline has passed. The combined effect of these legal provisions is to establish a system that not only guarantees reserved seats for women and non-Muslims but also lays down a clear procedure for political parties to adhere to. By doing so, these regulations seek to prevent any deviation or circumvention by either the Elections Commission or political entities, reinforcing the integrity of the electoral process. These constitutional articles and election rules act as a safeguard, ensuring that the commitment to inclusivity and representation is upheld in the democratic functioning of the country. They serve as a legal framework that fosters a more equitable political environment, thereby contributing to the pluralistic character of Pakistan’s parliamentary system. The importance of these provisions lies in their role in shaping a political landscape that is reflective of the diverse demographics and voices within the nation.
According to the 1973 constitution and the Election Act 2017, political parties are allocated reserved seats for women and non-Muslims based on the priority lists they submit to the Elections Commission of Pakistan (ECP) before the general elections and in line with the election schedule. These seats are distributed proportionally to the number of general seats each party wins in a direct contest for the National Assembly and the provincial assemblies. While party leaders are legally allowed to nominate individuals for these seats, this discretion has often been misused to provide quotas to friends and family, neglecting legitimate workers or assigning serial numbers that are unlikely to secure a parliamentary seat. In the National Assembly, there are presently 60 seats designated for women and 10 for non-Muslims, and similar provisions exist in other provincial assemblies. Independent candidates returned during the general elections can lawfully join any political party within three days of their names being published in the official gazette, and they will be included in the total number of general seats won by a political party.
As outlined in Section 104(1) of the Election Act 2017, political parties must submit separate lists of candidates in priority order for seats designated for women and non-Muslims to the ECP within the timeframe specified in the election schedule. The ECP will then promptly publish these lists for public consumption. The submitted party lists can include additional names as deemed necessary by a political party to contest seats reserved for women and non-Muslims. This is to account for any disqualifications during the scrutiny of nomination papers or to fill vacant seats during the term of an assembly, in accordance with Section 104(2) of the Election Act. Candidates seeking seats designated for women or non-Muslims must file their nomination papers by the deadline specified in the election schedule, and the examination process will be similar to that of candidates seeking general seats, as per Section 62. To achieve the provisions for reserved seats for both women and non-Muslims, in accordance with Articles 5, 106, and 224 of the constitution, read with Section 104 of the Election Act, 2017, and Rules 92, 93, and 94 of the Election Rules, 2017, the following legal principles will be considered and implemented:
Within the election schedule, the head of the political party or a designated representative will submit to the ECP a list of priority for reserved seats for women and non-Muslims. The proportional representation system of political party lists will be employed to elect members to fill seats for women and non-Muslims in the National Assembly and provincial assemblies. This system will be based on the total number of general seats that each political party has won in the National Assembly or, if applicable, in the provincial assembly. According to Section 104 of the Election Act, the ECP is not permitted to consider any new party lists for the distribution of reserved seats beyond the election schedule. Once the deadline for submitting nomination papers has passed, a political party’s list cannot be altered or changed, either in terms of priority by adding new names or removing any names under the Election Act. When an independent candidate applies to join a political party under Article 51 of the constitution, the party leader must notify the ECP of the candidate’s application, providing the candidate’s properly attested consent.
It is mandatory to follow the election schedule issued by the ECP even for reserved seats. No party is allowed to file a new list of priority lists for women and non-Muslim reserved seats under Section 104 of the Election Act, read with Rule 92 of the Election Rules. The distribution of reserved seats for women and non-Muslims following the general election is only available to political parties represented in the assembly by their own election symbol. If a political party lacks elected representatives, independent returned candidates are not permitted by law to join that political party, in accordance with Articles 51, 106, and 224 of the Constitution, and Section 104 of the Election Act, 2017, and Rule 92 of the Election Rules. The proportional representation system used to elect members to fill the seats designated for women in each province will depend on how many general seats each political party has won in the provincial assembly. Political parties will share the seats designated for women and non-Muslims according to their percentage share, as determined by sub rule (2), and according to the order of precedence of the candidates’ names on the party list.
The provisions of subsections (1) and (2) of Section 104 shall, to the greatest extent possible, apply to fill any vacancy that may arise after the party list is exhausted. However, the list submitted by a political party shall not be subject to modification or alteration, either in terms of priority or by adding new names to the list or removing any name after the deadline for submitting nomination papers has passed. In the event that a political party fails to submit a list to the ECP in accordance with Section 104 of the Election Act 2017 by the specified deadline and has representation in parliament, no new list can be submitted at a later date for the purpose of allocating reserved seats because the time of submitting the list has expired. Consequently, proportionately reserved seats would remain vacant in the respective national and provincial assemblies and cannot be later awarded to a political party. Articles 51, 106, and 224 of the constitution, Section 104 of the Election Act, and Rules 92, 93, and 94 of the Election Rules all specify reserved seats for women and non-Muslims; neither the ECP nor a political party may vary from or circumvent these provisions. Lastly, the ECP will announce the total number of reserved seats that each political party has won in the National Assembly and provincial assemblies, respectively, by publishing a notice in the official Gazette.
