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Article: 218 Election Commission

218. Election Commission.—1[(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this Article.]

2[(2) The Election Commission shall consist of­,—

(a) the Commissioner who shall be the Chairman of the Commission; and

3[(b) four members, one from each Province, each of whom shall be a person who has been a judge of a High Court or has been a judge of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty-five years of age, to be appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.

 Explanation.—“senior civil servant” and “technocrat” shall have the same meaning as given in clause (2) of Article 213.]    

(3)  It shall be the duty of the Election Commission 4[****] to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.

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Footnotes:

  1. Section 80(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Article 218, in its present form, (w.e.f. April 19, 2010), in place of the said clause first substituted in 2002. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), had validated the substitution of clause (1) of Art. 218, (w.e.f. December 31, 2003). Item 21 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted clause (1) of Art. 218, (w.e.f. August 21, 2002), that read :

(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election of such other public offices as may be specified by law or until such law is made by the Majlis-e-Shoora (Parliament) by Order of the President, a permanent Election Commission shall be constituted in accordance with this Article.

Clause (1) of Art. 218, as adopted in 1973, read :

“(1)  For the purpose of each general election to the National Assembly and to a Provincial  Assembly, an Election  Commission shall be constituted in accordance with this Article.”

  1. 2. Section 80(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (2) of Article 218, in its present form, (w.e.f. April 19, 2010), in place of the clause as adopted in 1973 that read :
  • The Election Commission shall consist of,–

(a)  the Commissioner who shall be Chairman of the Commission; and

(b) a[four] members, each of whom shall be a Judge of a High Court, b[from each Province] appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.

a-b.  Section 80(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), adopted the said words by substitution of clause (2) of Art. 218, (w.e.f. April 19, 2010). Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), had validated the substitution and insertion, respectively, of the words in paragraph (b) of clause (2) of Art. 218, (w.e.f. December 31, 2003).  Item 21 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted the said word, in place of the word “two” in paragraph (b) of clause (2) of Art. 218 and inserted the said words therein, (w.e.f. August 21, 2002).

Section 5 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O. No. 5 of 2007), promulgated by President Musharraf, in the period of unconstitutional rule (between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, purported to substitute the word “Five”, in place of the word “Four” and insert the words “and Islamabad Capital Territory” after the word “Province” in paragraph (b) of clause (2) of Article 218 of the Constitution.

As P.O. No. 5 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008, it was held to be void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.

  1. Section 8 of the Constitution (Twenty-second Amendment) Act, 2016, (XXV of 2016), substituted paragraph (b) of clause (2) of Art. 218, (w.e.f. June 9, 2016), in place of paragraph (b) of clause (2) of Art. 218, as adopted by the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), (w.e.f. April 19, 2010). The said substituted clause read :

“(b) four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.”

4. Section 6 of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), omitted the words “constituted in relation to an election”, from clause (3) of Art. 218, (w.e.f. February 28, 2012).

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Comparative Table of Article 218 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
153
Constitution of Pakistan 1956 :
137(1)(3)
Constitution of India 1950:
324
Government of India Act 1935:

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Leading & Latest Cases on Article 218 of the Constitution of Pakistan, 1973 :

P L D 1989 SC 61  FEDERATION OF PAKISTAN  AITZAZ AHSAN AND ANOTHER
P L D 1989 SC 396
ELECTION COMMISSION OF PAKISTAN
JAVAID HASHMI AND OTHERS
P L D 1995 SC 66  SABIR SHAH  SHAD MUHAMMAD KHAN, MEMBER PROVINCIAL ASSEMBLY NWFP AND ANOTHER
P L D 2003 LAHORE 43
PAKISTAN LAWYERS FORUM
FEDERATION OF PAKISTAN AND 2 OTHERS
P L D 2008 SC 735   LET. GEN (R) SALAHUDDIN TIRMIZI  ELECTION COMMISSION OF PAKISTAN
P L D 2008 SC 779
AFTAB SHAHBAN MIRANI AND OTHERS
 MUHAMMAD IBRAHIM AND OTHERS
SC Judgment in Constitution Petition challenging election campaigns expenses regulation case  Workers Party Pakistan through Mr. Akhtar Hussain Advocate, General Secretary, 5 McLeod Road, Lahore & 6 others  Federation of Pakistan & 2 others
P L D 2013 SC 120   IMRAN KHAN AND OTHERS  ELECTION COMMISSION OF PAKISTAN AND OTHERS

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