What Are Key Changes Introduced by Elections (2nd Amendment) Bill, 2024?

APP

Islamabad: The National Assembly passed the Elections (Second Amendment) Bill, 2024, clause by clause on Tuesday. The bill was introduced by Bila Azhar Kayani, and all proposed amendments by the opposition were rejected.

Statement of the Objects and Reasons:

Articles 51 and 106 of the Constitution of the Islamic Republic of Pakistan provide for the allocation of seats to the National Assembly and Provincial Assemblies, respectively, along with the mechanism for elections.

These articles include provisions allowing independent returned candidates to join a political party within three days of the publication in the official Gazette of their names.

The Elections Act, 2017, and the rules made thereunder also grant independent returned candidates the right to join a political party at their consent.

However, neither the Constitution nor the Elections Act, 2017, allows for an independent candidate to join a political party at a subsequent stage after having previously exercised the option to join at the time specified in the Constitution.

To clarify this matter and align with the true spirit of the Constitution, this Bill has been designed to explicitly state that no independent candidate shall exercise their right to join a political party at a subsequent stage beyond the period specified in the Constitution and the law.

Minister for Law and Justice Azam Nazeer Tarar explained that the amendments in the law are not new but serve to further clarify the Constitution and relevant election laws concerning Article 51(6), Article 106(3), Article 63(2), and Section 104 of the Elections Act, 2017.

Tarar emphasized that legislation is the prerogative of the parliament and that this bill aligns with the spirit of the Constitution.

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