The Need for Reforms in the Light of 2013 Report of the Election Commission of Pakistan

Abstract

Pakistan has struggled to develop a legitimate and stable constitutional order
since it gained independence from British rule. An important aspect of this
problem has been the persistent inability of Pakistani governments to conduct
elections that are sufficiently fair at the procedural level so that the losing
parties concede the legitimacy of the outcome. Since 2008, Pakistan has
experienced two election cycles (2013/2018) and has witnessed the promising
development of periodic change of civilian leadership through the ballot box. In
spite of this, however, each election cycle has brought with it allegations of prepoll and poll-day rigging, maladministration of the electoral process, and a
refusal to accept the outcome as legitimate on part of the losing parties. The
result is that the electoral process in Pakistan generally fails to produce the
required sense of democratic legitimacy and the government is beset by
challenges to the authenticity of its mandate. This paper contends that the 2013
elections and the subsequent report of the Election Commission of Pakistan lays
bare the relationship between civilian administrative failure and the highly
problematic conduct of elections. Unless this failure is addressed mere
repetition of the electoral exercise will not produce a greater degree of
democratic legitimacy for the winners.