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Debating Electoral Reforms in Pakistan

Will We Be Able to Witness Election Results Acceptable to All?

“The vote is precious, it is almost sacred. It is the most powerful nonviolent tool we have in a democratic society. And we have to use it.” — John Lewis

Elections are widely regarded as the backbone of democratic political systems because they provide citizens with a constitutional mechanism to choose their representatives.

For elections to perform this democratic function effectively, electoral institutions and procedures must be:

• Autonomous
• Impartial
• Efficient
• Transparent
• Inclusive

Electoral systems also require regular review and reform so that they remain compatible with changing administrative, technological and political requirements.

Free and fair elections strengthen public confidence in democracy and make it easier for political parties and candidates to accept electoral outcomes.

Pakistan, however, has experienced persistent controversy surrounding the credibility of elections.

Allegations of rigging, manipulation and weaknesses in the voting system have repeatedly followed general elections.

As a result, electoral reform has become an important issue for political parties, civil society and other stakeholders seeking to strengthen democratic continuity.

The source argues that weak electoral processes can produce weak governments and create opportunities for non-democratic actors to intervene in politics. Pakistan’s constitutional history, including repeated periods of martial law, demonstrates the importance of credible democratic institutions.

The Argument for Electoral Reforms

The term reform can have different meanings depending on the institutional and administrative context.

Pollitt and Bouckaert define reform as deliberate changes to the structures and processes of public-sector organisations intended to improve their functioning.

Michael Barzelay describes macro-level reform as redesigning systems, institutions and the “rules of the game.”

Janine O’Flynn, meanwhile, emphasises that reform should be understood as an interconnected and dynamic process rather than as isolated institutional changes.

Electoral reform therefore involves more than modifying ballot procedures.

It can include changes to:

• Election administration
• Voting technology
• Electoral laws
• Political-party regulation
• Representation
• Electoral rolls
• Result transmission
• Institutional oversight

The effectiveness of reform depends heavily on a country’s political institutions, administrative capacity, financial resources and level of democratic development.

Electoral Process of Pakistan

Pakistan is a federal parliamentary state consisting of four provinces operating within a common constitutional and legal framework.

The state structure broadly distributes authority among:

• Legislature
• Executive
• Judiciary

Under Pakistan’s constitutional framework, general elections are normally held after five years.

Pakistan uses a parliamentary rather than presidential form of government.

The Prime Minister is elected by the National Assembly, while provincial Chief Ministers are elected by their respective provincial assemblies.

The President serves as Head of State and is elected through the constitutionally defined electoral college.

For National and Provincial Assembly constituencies, Pakistan predominantly uses the first-past-the-post system.

Under this method, the candidate receiving the highest number of votes in a constituency wins the seat.

Electoral History of Pakistan

Pakistan did not hold a nationwide general election immediately after independence.

The source traces a series of national elections from the early decades of the country through the 2018 general election.

The 1970 general election is frequently regarded as one of the most competitive elections in Pakistan’s political history.

However, many later elections became controversial because losing political parties raised allegations concerning:

• Rigging
• Political interference
• Electoral manipulation
• Administrative irregularities

This recurring lack of consensus over electoral outcomes remains one of the strongest arguments for comprehensive electoral reform.

What Electoral Reforms Were Proposed?

The reform package discussed in the source proposed numerous amendments to the Elections Act, 2017.

The stated objective was to increase transparency, inclusion and confidence in the electoral system.

Major proposed changes included:

• Electronic Voting Machines
• Internet voting for overseas Pakistanis
• Greater political participation of women
• Inclusion of non-Muslim minorities
• Participation of transgender persons
• Assistance for persons with disabilities
• Online publication of candidates and results
• Greater transparency regarding legislators’ assets
• Changes in political-party registration requirements

Electronic Voting Machines

One of the most significant proposals involved amending Section 103 of the Elections Act, 2017 to introduce Electronic Voting Machines.

EVMs were presented as a possible mechanism for improving transparency and reducing disputes associated with manual voting and counting.

Internet Voting for Overseas Pakistanis

The proposed amendment to Section 94 sought to facilitate internet voting for overseas Pakistanis.

This proposal aimed to expand political participation among citizens living abroad.

However, questions remained regarding:

• Voting procedures
• Security
• Verification
• Constitutional arrangements
• Practical implementation

Greater Inclusion of Marginalised Groups

The proposed reforms also sought broader inclusion of groups historically underrepresented in the electoral process.

These included:

• Women
• Non-Muslim minorities
• Transgender persons
• Persons with disabilities

Proposed amendments included additional training, voter awareness and assistance for voters requiring support at polling stations.

Preventing Gender-Based Electoral Exclusion

The proposed amendment to Section 167 sought to treat attempts to persuade a person to vote or abstain from voting on the basis of gender as a corrupt electoral practice.

The existing law already addressed discrimination involving factors such as:

• Religion
• Province
• Community
• Race
• Caste
• Biradari
• Sect
• Tribe

Adding gender was intended to strengthen women’s electoral participation.

Women’s Representation in Political Parties

The proposed reforms sought to require women to constitute at least 20 percent of the membership lists submitted for political-party enlistment.

The amendments also proposed expanding the language of Section 203 so that political parties would encourage membership not only among women but also among:

• Persons with disabilities
• Transgender persons

Greater Electoral Transparency

Several proposals were designed to make electoral information more easily accessible to the public.

These included requiring the Election Commission of Pakistan to publish:

• Legislators’ annual statements of assets and liabilities
• Initial candidate lists
• Final candidate lists
• Provisional election results

Greater online publication of electoral information could strengthen transparency and public scrutiny.

Political-Party Registration Requirements

The Elections Act required political parties seeking enlistment to submit a specified number of members along with copies of their CNICs.

The proposed reform sought to increase this requirement from 2,000 members to 10,000 members.

The proposal was intended to establish stronger membership requirements for registered political parties.

Annual Political-Party Conventions

Another proposal sought to legally require political parties to hold annual conventions.

Under the proposed Section 213-A, parties would also submit reports to the ECP identifying major national problems, their causes and possible solutions according to the views of party members.

The idea was intended to encourage greater internal political engagement and policy debate within parties.

What Is an Electronic Voting Machine?

An Electronic Voting Machine allows voters to select a candidate electronically rather than using a conventional paper ballot.

The source describes an EVM as consisting of two main components:

• Control unit
• Balloting unit

The two components are connected by a cable.

The voter presses the button corresponding to the preferred candidate.

After the vote is cast, the machine locks until the polling official activates it for another voter.

This system is intended to ensure that one voter casts only one ballot.

Are EVMs a Viable Solution?

The introduction of EVMs has generated significant debate.

Supporters argue that electronic voting can reduce:

• Manual-counting errors
• Delays in compilation
• Some opportunities for ballot manipulation

However, the source also highlights concerns regarding technological manipulation and security.

It notes that several technologically advanced democracies continue to prefer paper-based voting.

Examples mentioned include:

• United Kingdom
• France
• Canada
• Norway

The source also refers to Germany and the Netherlands, where concerns regarding electronic voting contributed to a return to or continuation of paper-based voting.

The debate therefore centres on whether EVMs can provide a level of:

• Transparency
• Auditability
• Secrecy
• Reliability

sufficient to generate political consensus.

Problems with Pakistan’s Manual Election System

Pakistan conducts extremely large elections involving millions of voters and tens of thousands of polling stations.

The source refers to the 2018 General Election, when approximately 106 million voters were registered and around 85,090 polling locations were involved.

This creates enormous logistical challenges for the Election Commission.

Manual elections require large-scale:

• Printing of ballot papers
• Transportation
• Secure storage
• Counting
• Tabulation
• Compilation
• Transmission of results

The physical security of ballot papers and election materials also creates administrative challenges.

Manual counting can be slow and delays in result transmission may contribute to allegations of manipulation.

Electoral Reforms and the Election Commission of Pakistan

The Election Commission of Pakistan expressed significant concerns over several proposed electoral amendments.

The ECP argued that certain changes required careful constitutional and administrative examination before implementation.

ECP Concerns over Overseas Voting

The Election Commission argued that overseas voting could not be implemented without adequate legislation addressing practical questions.

These questions included:

• How overseas voters should cast ballots
• Whether separate representation would be required
• How voter identification would be verified
• How secrecy and transparency would be protected

ECP Concerns over Electronic Voting Machines

The ECP also raised questions about the reliability of EVMs.

Before nationwide implementation, the Commission argued that authorities needed to determine whether machines could operate effectively under Pakistan’s conditions.

Major concerns included:

• Extreme temperatures
• Load-shedding
• Accuracy
• Vote secrecy
• Transparency
• Testing
• Operational reliability

The ECP maintained that electoral technology should not be introduced without sufficient testing to determine whether it could support free and fair elections.

Delimitation of Constituencies

The Election Commission objected to the proposal that constituencies should be delimited primarily on the number of registered voters instead of population.

The ECP argued that such a system could conflict with Article 51(5) of the Constitution.

It also warned that relying on registered voters could distort representation because many citizens maintain temporary addresses in urban areas.

Electoral Rolls and NADRA

Another major controversy concerned responsibility for electoral rolls.

The ECP opposed proposals that could shift significant responsibility for preparing or correcting electoral rolls to NADRA.

The Commission argued that it possesses the constitutional mandate to maintain and correct electoral rolls.

NADRA, by contrast, operates under the administrative control of the federal government.

The ECP therefore considered institutional independence an important issue in determining who should control voter registration data.

ECP Objection to the 10,000-Member Requirement

The Election Commission also opposed the proposal requiring political parties to submit a list of at least 10,000 members instead of the existing 2,000-member requirement.

The source does not indicate that the Commission accepted the proposed increase as necessary for strengthening party registration.

Articles 62 and 63

The ECP also objected to proposed changes affecting the interpretation of disqualification under Articles 62 and 63 of the Constitution.

Its position was that an ordinary statutory provision could not regulate or override a constitutional provision.

This highlighted a broader principle:

Electoral reform must remain consistent with the constitutional authority and independence of the Election Commission of Pakistan.

The ECP’s objections demonstrated that electoral reform cannot be treated solely as a political or technological exercise. It must also satisfy constitutional requirements.

Why Electoral Reforms Are Necessary

Pakistan’s electoral controversies demonstrate that reform remains necessary.

A credible electoral system should achieve several objectives.

1. Fairness

All candidates and political parties should compete under equal rules.

2. Transparency

Voting, counting and result compilation should remain open to effective scrutiny.

3. Credibility

Citizens and political parties must have confidence that officially announced results reflect votes genuinely cast.

4. Inclusivity

Women, minorities, transgender persons, persons with disabilities and overseas Pakistanis should have meaningful opportunities to participate.

5. Institutional Independence

The Election Commission must remain autonomous enough to administer elections without partisan interference.

Technology Alone Cannot Resolve Political Distrust

Electronic technology may improve some elements of election administration, but machines alone cannot create political legitimacy.

If major political parties do not trust:

• The Election Commission
• Electoral laws
• Result transmission
• Voting technology

then controversy can continue regardless of whether ballots are cast electronically or manually.

Electoral reform therefore requires institutional trust in addition to technological innovation.

The Need for Consensus

The source strongly emphasises consensus-based reform.

Electoral rules determine how political power is won and lost.

For this reason, unilateral changes introduced by one political party can themselves become a source of controversy.

Effective reform should involve:

• Government
• Opposition parties
• Election Commission of Pakistan
• Think tanks
• Civil society
• Other relevant stakeholders

Parliament as the Proper Forum

The source argues that electoral reform should proceed primarily through Parliament.

Parliamentary debate provides political parties with an opportunity to discuss concerns, negotiate disagreements and develop rules acceptable to competing stakeholders.

Reform through consensus is more likely to produce electoral results that political parties accept.

Why Unilateralism Can Be Counterproductive

Unilateral electoral changes can increase political polarisation.

The source particularly cautions against excessive reliance on ordinances for matters of major electoral importance.

Such methods can:

• Reduce political dialogue
• Create mistrust
• Increase controversy
• Undermine reform objectives

A reform intended to produce manipulation-free elections can therefore become counterproductive if political stakeholders reject the process through which it was enacted.

Way Forward

1. Develop Cross-Party Consensus

Electoral reform should be based on negotiations among major political parties rather than unilateral legislation.

2. Protect ECP Independence

The constitutional authority of the Election Commission should remain protected.

3. Test EVMs Thoroughly

Electronic voting technology should undergo extensive technical, legal and operational testing before nationwide implementation.

4. Preserve a Verifiable Audit Trail

Any voting technology should allow results to be independently verified and audited.

5. Improve Manual Election Administration

Whether EVMs are adopted or not, Pakistan needs stronger systems for:

• Ballot security
• Counting
• Tabulation
• Result transmission

6. Improve Inclusion

Women, minorities, transgender persons and persons with disabilities should receive greater support in both political participation and voting.

7. Resolve Overseas Voting Questions

A secure and constitutionally sound framework should be developed before introducing internet voting on a large scale.

8. Increase Electoral Transparency

Candidate information, assets declarations and provisional results should be made easily accessible to citizens.

9. Strengthen Political Parties

Internal party democracy, membership transparency and regular political conventions can improve democratic culture.

10. Reform Gradually

Major electoral changes should be introduced carefully rather than rushed into implementation without testing or political agreement.

Will Election Results Ever Be Acceptable to All?

No electoral system can guarantee that every losing political party will enthusiastically accept every result.

However, widespread acceptance becomes significantly more likely when the electoral process is:

• Transparent
• Independent
• Auditable
• Inclusive
• Constitutionally valid
• Politically agreed upon

The real objective of electoral reform should therefore not simply be to introduce new technology.

It should be to create a system whose rules are trusted before votes are cast.

Conclusion

Electoral reform is indispensable for strengthening democracy in Pakistan.

Repeated allegations of rigging and manipulation have weakened public confidence and made election results a recurring source of political conflict.

The reform proposals discussed in the source seek to address several legitimate concerns through Electronic Voting Machines, overseas voting, greater inclusion, stronger transparency and changes to political-party regulation.

However, the Election Commission has raised serious constitutional and operational questions regarding several proposed amendments.

This demonstrates that reform cannot succeed simply because a government considers it desirable.

The opposition must participate constructively, while the government must accommodate legitimate concerns raised by political parties, the ECP, civil society and independent experts.

Parliament should remain the principal forum for developing electoral rules through negotiation and consensus rather than unilateral action.

Pakistan can move towards election results acceptable to competing stakeholders only when electoral reform itself becomes a consensual, transparent and constitutionally credible process. The objective must not merely be a new voting system, but a trusted democratic system.

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