Constitutional Boundaries and the Role of Pakistan's Supreme Court in Election Timelines

  • Haq Nawaz
  • Dr. Manual Selvaraj Bexci

Abstract

The research paper aims to explore and analyze the constitutional dimensions surrounding the authority of the Supreme Court in Pakistan to extend the prescribed time frame for conducting general elections, as stipulated by Article 224(2) of the Constitution. The research delves into the delicate balance between adhering to constitutional mandates and addressing the exigencies that may necessitate the extension of election timelines for the proper functioning of parliamentary democracy. Drawing upon comparative perspectives from other jurisdictions, the research seeks to highlight the nuanced considerations that surround this constitutional issue, examining instances where similar challenges have arisen and the approaches taken to address them. By doing so, it aims to contribute to a broader understanding of the intersection between constitutional provisions, democratic imperatives, and judicial authority in the context of election timelines. The literature review traces the judiciary's historical evolution, emphasizing independence and highlighting a gap in jurisdiction during delayed elections. Using qualitative and doctrinal methodologies, the study explores the Supreme Court's role, addressing a literature gap on its jurisdiction in delayed election scenarios. Findings indicate context-dependent power to extend election timelines, stressing collaborative decision-making with the Election Commission and the President. This research underscores the Court's pivotal role in preserving democratic integrity amid intricate election timelines, emphasizing the contextual nature of its authority to extend election periods

Published
2024-09-26