The Public Voice Poll is urging the Election Commission of Pakistan (ECP) to uphold the principle of population equality in the upcoming delimitation exercise following the official release of the 7th Population and Housing Census-2023.
Constituency Delimitation: New Considerations This delimitation process aligns with recent amendments to the Elections Act, 2017, introducing a new proviso to Section 20(3). This change eliminates the requirement for the ECP to “strictly adhere” to existing district boundaries if doing so results in a population variance exceeding 10 percent among constituencies of an Assembly. Such measures are crucial to bolster the fairness of elections, as mandated by Article 218(3) of the Constitution. The unequal size of constituencies also contradicts the constitutionally guaranteed equality of citizens before the law (Article 25).
The new proviso has nullified the previous obligation, as stated in Section 20(1), for the Election Commission to consider existing boundaries of administrative units during delimitation. It aims to reduce executive influence on the process by preventing the creation or redefinition of boundaries for existing administrative units.
The strict adherence to district boundaries during the 2022 delimitation of National and Provincial Assembly constituencies resulted in 82 National Assembly (NA) and 88 Provincial Assemblies’ (PA) constituencies having a population variance exceeding 10 percent from the respective quotas per seat. This includes 34 NA constituencies in Punjab, 22 in Khyber Pakhtunkhwa, 23 in Sindh, and three in Balochistan. For PA constituencies, there were 30 in Khyber Pakhtunkhwa, 28 in Balochistan, 18 in Sindh, and 12 in Punjab.
Public Voice Poll estimates that if district boundaries are strictly respected, the population variance of two-thirds of Khyber Pakhtunkhwa districts, half of Sindh districts, one-third of Punjab districts, and all of Balochistan districts may exceed 10 percent from their respective regional quotas.
Public Voice Poll Proposed Rule Amendments Public Voice Poll recommends that the Commission amend its rules on constituency delimitation to align with the newly added proviso to Section 20(3). Specifically, Public Voice Poll suggests modifying Rules 10(4) and 10(5) to limit population variance to a maximum of 10 percent within a province instead of five percent within a district. Additionally, for transparency, the ECP should include a column in Form-7 (Final List of Constituencies) to provide updated population figures after addressing representations filed on the draft list of constituencies.
The Commission should make it mandatory for Delimitation Committees to explain exceptional cases where variance exceeds 10 percent. Public Voice Poll proposes clearer definitions of factors considered during delimitation in its rules, aligning with Section 20(1) of the Act, to minimize discretionary space for Delimitation Committees.
Further recommendations include amending Rules 12 and 13 to facilitate voters making representations and conducting pre-hearing scrutiny to identify convincing evidence and grounds for proposed changes. Public Voice Poll suggests holding hearings in provinces, not the federal capital, to reduce travel costs for voters making representations.
Public Voice Poll emphasizes that significant improvements in the delimitation process are vital for a fair electoral system, preventing population imbalances across precincts, and ensuring representation of geographical, linguistic, ethnic, and religious diversity in elected bodies. Delimitation, as a mechanism for allocating political power, must be just, fair, and transparent.
