In accordance with Article 91 of the Constitution, convening a session of the National Assembly within 21 days after elections is imperative. Given that the general elections were held on February 8, it is constitutionally mandated to summon the National Assembly session by February 29. While elections were held on February 8, the final results were announced on February 12, hence the 21-day period would extend to March 2 or 3.
Experts should deliberate on whether this 21-day period commences from the day of election or from the issuance of the final election results. While the Election Commission is authorized to announce the final results within 14 days as per Article 223, the matter of women and minority seats remains unresolved under Article 224. Therefore, viewing the 21-day constitutional requirement in this context, not convening the National Assembly session by February 29 would not constitute a violation of the constitution, as Article 254 provides a comprehensive and secure pathway in such circumstances.
On January 14, 2023, when Punjab and on January 18, Khyber Pakhtunkhwa assemblies were dissolved, according to Article 224, elections were mandated within 90 days in both provinces. However, despite the stipulated period, elections could not be held due to political turmoil. Similarly, when the National Assembly was dissolved after completing its constitutional term on August 12, 2023, elections could not be conducted within 90 days despite efforts. The delay was attributed to the delineation of new constituencies after the census notification. Hence, if the National Assembly session cannot be convened within the prescribed 21-day period, it should not be deemed a constitutional breach.
Looking at the current situation, it seems that only the nomination of Shahbaz Sharif from the Muslim League (N) indicates a desire to convene the National Assembly session within the prescribed period, whereas the Pakistan Peoples Party’s refusal to join the government shows little interest in the matter. Moreover, neither the President nor the Acting Speaker, Raja Pervaiz Ashraf, has the authority to convene the session. They merely hold symbolic positions.
Article 91 does not grant the President the authority to recall the summary of the National Assembly’s session. The Secretary of the National Assembly does not possess the power to summon the session either, and if they do, it would invite criticism for convening an illegal session during the Assembly’s five-year term.
However, it is apparent that the President, considering Article 48 of the Constitution, may approve the request to convene the National Assembly session in light of the decision of the Election Commission of Pakistan, thereby avoiding any legal crisis.
Following the general elections, the country has entered a new parliamentary phase. Members-elect of the Punjab and Sindh assemblies have completed their political journeys by taking the oath. Speakers and Deputy Speakers of both provincial assemblies have been elected. Maryam Nawaz has assumed office as the first female Chief Minister of Punjab, while Syed Murad Ali Shah has been elected for the third time as Chief Minister of Sindh. The National Assembly session will also be convened by February 29.
Regarding recent electoral irregularities, the Election Tribunals will make decisions. The coalition government formed by six parties in the Federation will have to work together with mutual consultation and agreement, avoiding any misuse of their positions. If the coalition parties remain engrossed in pursuing their individual interests, the political stability and parliamentary system in the country will be weakened.
The biggest challenge for the new government is to strengthen the national economy. The agreement with the International Monetary Fund (IMF) will play a vital role in providing a solid foundation for the economy. However, if the agreement prioritizes the interests of the elite, the country will plunge into a severe economic crisis. Foreign investment is contingent upon political and economic stability in the country. Therefore, coalition parties must carefully consider each step.
On the other hand, when discussing the election of the President, it should be noted that according to Article 44 of the Constitution, the election of the President is mandatory within one month after the elections. If, under Article 41, the National Assembly dissolves during the five-year term stipulated for the President, the President will continue to hold office until the election of the new President. Similarly, Senate elections must be held within the specified period according to the Constitution. The current Senate members’ term expires on March 11 at midnight, and if the election of the 52 Senate members does not take place before March 11, the Senate will become inactive.
Therefore, the election of the President by March 11 is essential for the Senate elections. The Election Commission has not yet issued the final gazette notification, causing speculation in diplomatic circles. Several countries’ diplomats have inquired about this matter. I assured them that the notification for the final seats reserved for women has not been issued yet, so the notification for the final seats of the National Assembly members-elect has been postponed. The secrecy surrounding the election results has heightened concerns.
In the current situation, the Election Commission must step forward and fulfill its responsibilities diligently.
