Misinterpreting the constitution.

Interior minister Rana Sanaullah addressing a press conference in Faisalabad on Sunday said 'Polls in two provinces-Punjab and Khyber Pakhtunkhwa will be unconstitutional as they would lead to the next general elections not being held under caretaker setups in the provinces. According to the constitution, a caretaker setup is required for the provincial and National Assembly elections. No one will accept the results of Punjab and Khyber Pakhtunkhwa if held under political governments later this year,' He however reiterated that the government would follow the decision of the SC and ECP regarding elections. I am afraid Rana Saheb has perhaps not read the constitution property. The constitution nowhere stipulates that the general elections in the centre and provinces will be held simultaneously under all circumstances.

The provision for general elections for the National Assembly and provincial assemblies to be held simultaneously is relevant only when they are dissolved after the expiry of their mandated period. Article 224 (1) says 'A general election to the National Assembly or PA shall be held with a period of sixty days immediately following the day on which the term of the Assembly is due to expire unless Assembly has been dissolved sooner.' When any assembly is dissolved before the expiry of its tenure Clause (2) comes into play which says, 'When the National Assembly or a provincial Assembly has dissolved a general election to the Assembly shall be held within a period of ninety days after the dissolution' So Article 224 (2) does provide constitutional provision for general elections being held separately if one or more provincial assemblies have been dissolved prematurely. As is evident the statement by Rana Sanaullah that holding separate elections will be unconstitutional is a misinterpretation of the constitution.

Perhaps it is also pertinent to mention that the Prime Minister and the Chief Ministers can dissolve the assemblies any time they feel like doing so. There is no mention in the constitution of the circumstances under which the Prime Minister or the Chief Minister of a province can resort to this step before the completion of the mandated period of the assemblies. Article 58(1) empowers the Prime Minister to dissolve the National Assembly at any time by advising the President to do so. However, the fear expressed by Rana Sanaullah that if the general elections to the National Assembly and two remaining provinces under the...