বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/৩৪
| শিরোনাম | সূত্র | তারিখ |
| ফ্রান্সাইজ কমিশন রিপোর্ট | সরকারী | ১৮ ফেব্রুয়ারী, ১৯৬২ |
[Excerpt from the report of the Franchise Commission]
9. The terms of reference involve mainly three things namely: (i) nature of franchise, (ii) method of election of the President and Assembly members, and (iii) maintenance of parity of voters between the two wings of the country in the case of election of the President. Two kinds of franchise- universal adult franchise and restricted adult franchise- are referred to in the terms of reference. Under the former, every citizen of Pakistan who has attained the age of maturity (21 is the age of maturity under Article 157 of the Constitution) is entitled to vote at an election, if he is not otherwise disqualified from becoming a voter. Under the latter, every such adult citizen who is possessed of certain qualifications based on property, education and the like, if not otherwise disqualified, would be entitled to vote at an election. Method of election, as envisaged in the term" of reference, is also of two kinds- direct and indirect. In the direct method, a candidate at an election is elected directly by the votes of eligible voters. In the indirect method, however, a primary election is held first whereas secondary voters are elected by the votes of eligible voters. The secondary voters elected at the primary election from an electoral college, and they alone are to elect candidates at another election to be held for the purpose. This indirect method is what is provided in the Constitution for the election of the President and members of the National and Provincial Assemblies. The Constitution further provides that the number of members of the Electoral College in each Province shall be the same. The terms of reference require that, in the case of election of the President, parity in the number of electors shall have to be maintained in any case. The points that arise for determination, therefore, are.
(i) Whether there should be universal adult franchise or restricted adult franchise for election of the President and members of the National and provincial Assemblies. In the latter case, what should be the qualifications of electors?
(ii) Whether the President and members of the three Assemblies should be elected direct by the electors or indirectly through an electoral college. In the latter case, what should be the composition of the Electoral College?
(iii) How can parity of voters between the two wings of the country be maintained in the case of election of the President, whatever be the method of his election?
10. Universal or restricted adult franchise; -Let us deal with the question of franchise first, the same being the common basis of all elections with which we are concerned here. Article 157 of the Constitution provides that every citizen who has attained the age of 21, and is not of unsound mind, shall be entitled to vote at election to be held indirectly through an electoral college. Thus adult franchise having been conceded by the Constitution itself, the same does not appear to be a matter of serious controversy. As, however, one of the terms referred to the Commission is whether elections should be held on the basis of restricted franchise as recommended by the Constitution commission, it is necessary for us to deal with the question of franchise.
Franchise in the Indo-Pakistan sub-continent all along developed with universal adult franchise as the ultimate objective. The idea of franchise during alien rule had a different connotation from what it implies now. While the then Government was not dependent on the will of the people, a certain amount of political satisfaction, specially of the vocal classes, was aimed at, so that there might be as little friction between the rulers and the ruled as possible Therefore, no serious consideration was given to associate the people in general with the governance of the country, as long as the educated and propertied persons could be kept satisfied by allowing them to participate in election to legislatures. It was this class of people that were first given the right of vote, and the right was gradually extended. Besides, it was stressed that extension of franchise beyond that limit was not administratively practicable. Adult suffrage was not, therefore, allowed to be fully achieved during the pre-Independence days.
Franchise plays a very important role in a democracy which means a regime in which those who govern are chosen by those who are governed by means of free and fair elections. Franchise is thus the very basis of a system of representative government and has, therefore, supreme importance in the political life of this country where there are three representative governments one at the Centre and two in the Provinces.
Franchise is a very valuable political right of a citizen, for, it is only by the exercise of this right that he is able to get his views expressed in the Legislature through his elected representative on all matters connected with the government and administration of the country. It is again this right that makes the status of a citizen different from that of a foreigner who has no right to vote, although he usually enjoys other rights under the general law of the country equally with a citizen. Moreover, denial of franchise to a citizen will offend as much against the principle of equality between citizens as against the accepted principle of the people's ultimate authority in a democracy. Besides, such a denial will be repugnant to the very preamble of the constitution which ensures that “the State shall exercise its power and authority through representatives chosen by the people", (Here, people' does not exclude the illiterate or the poor). It is only through adult suffrage that the equality of political rights of citizens can be ensured consistent with the principle of the people's ultimate authority in a democracy, the Legislatures are to represent the people as a whole and this can be achieved only by means of universal adult suffrage. Another advantage of universal adult suffrage is that lists of voters numbering crores can be more easily prepared with less expense, for, under this system, it would not be necessary, as in the case of restricted franchise to inquire into and determine the voting qualifications of such a huge number of electors. Furthermore, universal adult franchise will offer opportunities of political education to people and will thereby facilitate development of political parties on the basis of political ideology and on sound lines.
The main objection against the introduction of adult suffrage is that the common people, on account of their illiteracy and ignorance, cannot appreciate any important issue objectively and are, therefore, incapable of casting votes with understanding and a sense of responsibility. The other objection is that the electorate, under adult suffrage, will be so huge that it will be administratively difficult to manage it. Both the Simon Commission and die Indian Franchise Committee, who successively examined the question of franchise more than 30 years ago, also took these points into consideration and expressed their views in favor of universal adult franchise as the ultimate objective, but could not then recommend it mainly due to practical difficulties, in the part of the then inadequate and inexperienced staff, lo manage a huge electorate and partly on the ground of mass illiteracy and lack of political education. Mass poverty, like mass illiteracy, was not, however, expressly taken, by the said Commission and committee, as one of the grounds against adoption of universal adult franchise in India, although they favored properly qualification as a basis of franchise. Even illiteracy was not considered, by them, to be a serious obstruction.........................
It is, therefore, expected that it will now be possible on the part of the adequate and experienced election machinery to cope with a huge electorate resulting from introduction of universal adult suffrage and hold and conduct elections smoothly. As a matter of fact, this has been fully established in the general elections held in West Punjab and East Bengal, on the basis of universal adult franchise.
The next argument against universal adult suffrage is that at an election on such suffrage, there is the danger of the public being easily misled into electing people, not on a consideration of their programme but merely in an emotional state of mind created by the inflaming of passions by misrepresentation. An instance of the inflaming of passions of illiterate masses cited before us and also before the Constitution Commission is the crushing defeat of the Muslim League in the 1954 general election in East Pakistan. While it may be true that many a voter was carried away by the inflammatory speeches of the opponents of the Muslim League, it is not correct to say that the defeat of the Muslim League was solely, or mainly, due to such speeches. The Muslim League, the then party in power, appeared to have lost its popularity for various reasons. No general election was held in East Pakistan for about seven years preceding 1954. Even a large number of bye-elections, which had fallen due during the said period, was withheld. Moreover, the Muslim League, which was also in power at the Centre, was unable to give the country a constitution for several years. It seems that these facts coupled with the language controversy made the Muslim League unpopular and that its defeat in the general election of 1954 was really attributable to its own unpopularity. However, the danger, if any, well be there even in the case of election on the basis of restricted adult franchise. We have already seen that, with the inauguration of Provincial autonomy in 1937, voting qualifications based on property, education or tax were so liberally lowered that all persons aged 21 or above, whether male or female, literate or illiterate, rich or poor, became entitled to vote, if they possessed any of the prescribed minimum qualifications.
Although franchise was still restricted, the number of electors in every constituency increased enormously.
.....The apprehension that illiterate voters, in the case of adult suffrage are likely to be misled by their passions and sentiments being roused through false propaganda and misrepresentation, will hold in no small measure in the case of election on the basis of restricted adult suffrage inasmuch as the number of illiterate voters under the system of restricted franchise will be enormous, and their number is bound to go up appreciably with further lowering of voting qualifications....................
Some opponents of adult suffrage contend that the poor and illiterate masses cannot always freely cast their votes as their actions are often controlled by the influence wielded by landlords, industrial magnates, tribal chiefs and heads of Baradari. This, far from being a ground against universal suffrage, is in itself a justification for such suffrage, because the right to vote is the only effective weapon with which the poor and illiterate masses can counteract the influence of those other persons. This will cause inter- dependence of one class on the other hand is, therefore, likely to lead to accord, harmony and good will between the two classes.
The last argument against adult suffrage is that the right to vote should not be given to those who do not possess sufficient property or have no stake in the country. The reason advanced in support of this contention is that those who have no such stake cannot exercise their right to vote with a sense of responsibility. It is not quite correct to say that a person who has no sufficient means has no stake in the country. He still pays indirect taxes on the necessaries of life at any rate. Moreover, his own freedom as a citizen or his rights under the personal law by which he is governed constitute no less a stake than his ownership of a piece of land. Unless such a citizen has say in the selection of his representative in the legislature, he shall have no scope to get his views expressed even on a matter affecting his liberty, which is so valuable to him. The argument not only runs counter to the preamble of the Constitution which assures franchise to people in general, but is also against the principles of Islam which do not discriminate between the rich and the poor....................
It appears from the foregoing discussions that the weight of evidence and the circumstances and conditions obtaining in the country are all in favor of universal adult franchise. We, therefore, recommend that universal adult franchise should be the basis of election of the President and Members of the National and Provincial Assemblies and that every citizen who is not less than twenty-one years of age and is not of unsound mind shall, if not otherwise disqualified by or under law, have a right to vote at such elections.
METHOD OF ELECTION-DIRECT OR INDIRECT
11. Method of election of members of Assemblies.-We shall now deal with next question with regard to the method of election. Universal adult franchise having been conceded in the Constitution itself, the real controversy centers round the method of election. In other words the controversy is whether the election of the President, and of members of the Assemblies, should be direct or indirect. Opinions differ on this question also, but the views expressed through Press and from the platform and the mass of evidence received by us are, as in the case of universal adult franchise, in favor of direct election of the members of the three Assemblies. A large section of these opinions favors direct election also for the office of President. Let us first deal with the question of the method of election of members of the National and Provincial Assemblies, because that will help us in forming a correct opinion on the other question relating lo the mode of election to the office of President.
As we have already seen, the people of this country had the practical experience of partly direct and partly indirect elections after the Reforms of 1909. But all elections to legislatures, and to various local bodies, held after the introduction of the 1919 Reforms were direct throughout. During the last 40 years, the people have thus become accustomed to the system of direct voting, and they may not willingly accept any reversal of this long-standing electoral system at this stage; rather any reversal of the direct system may arouse their resentment. In no country where there is a truly representative government, members of the legislature, or, in the case of a bicameral legislature of the Lower House, are, so far as is known, chosen indirectly through an electoral college constituted for the purpose. This, is yet another reason why the system of indirect election may not be readily acceptable to our people. In the system of direct election, every voter gets the satisfaction of participation in the election of his representative to the legislature. Such direct participation in the election gives not only satisfaction to the voter but is also a means for his political education, besides an opportunity for him to have his views expressed in the legislature on matters connected with the government and administration of the country.
In the indirect system, the elected representative is twice removed from primary Voters and, therefore, remains out of touch with them with the result that neither the representative is aware of the wishes of the primary voters, nor have such voters any means to judge if their wishes are carried out by the representative. This is a great drawback of the indirect method and is likely to retard the spread of political education among the masses which is so essential for the development of representative government on sound lines. Such a system may be characterized as not truly representative in character as it fails to secure the representation of the views of primary voters
Referring to the Report of the Electoral Reforms Commission appointed in
1955, it has been pointed out that the general election in the former Province of West Punjab held in 1950-51 was unfair on account of interference by officials. If this is, at all, true, the fault did not lie in the direct system itself, nor were the voters responsible for it. Official interference in election, whether the method adopted is direct or indirect can always be prevented, and this cannot be a ground for giving preference to the indirect method of election over the direct system.
According to the simple majority-single ballot system obtaining in the country, the contesting candidate who polls the highest number of votes at an election is declared elected. The highest number of votes polled by the returned candidate may, in fact, represent a small minority of the total number of voters. For example, if there are five candidates at an election and the votes polled by them are respectively 30%, 25%, 20%, 15%, the candidate who has polled only 30% votes is returned although this represents less than one-third of the total number of voters. While this may happen in both the direct and indirect systems of elections, the chances of a person representing the minority of the adult population as a member of an Assembly in the direct system are far less than such chances in an indirect system for the reason that elections in the latter system being held at two stages the returned candidate at each such stage may be representing the minority of the electors.
The main ground on which the system of indirect election is sought to be justified is that the average adult being illiterate and ignorant, his knowledge is limited only to local affairs of his area, and does not possess the capacity to appreciate provincial and national issues so as to be able to cast vote with understanding and a sense of responsibility and is also incapable of judging the suitability or otherwise of candidates hailing from outside his area and, as such, it is desirable that, for a realistic representation of the people, members of the Assemblies should be elected by a select body of persons of higher caliber, ability, and sense of responsibility. This argument, though apparently attractive, is not really sound. No adult is debarred under the Constitution from becoming a candidate at a primary election, or for that matter, at any other election only on the ground of his being illiterate or ignorant. Therefore, illiterate and ignorant adults who can command confidence of primary voters of their areas or secure the voters' support by reason of their wealth and influence may succeed at the primary election and become secondary voters to elect members of the Assemblies.......................
..........It is argued that, in the case of direct election, the number of voters in each constituency will be so large and the means of approach to them will be so limited that a large number of voters will remain indifferent and abstain from voting. In support of this contention an instance is cited that while as many as 70% of the voters cast their voters at the last election to Basic Democracies, the votes polled in the Provinces at the last general election in the direct method was hardly ever more than 40%. The percentage of votes polled at an election depends on various factors, but not necessarily on the method in which the election is held. The interest created among Voters by the programmes of, and persuasions by, the candidates, and the distances between the polling stations and the voters' places of residence are the main factors on which the attendance of voters largely depends. It is a known fact that the voters in general took keen interest in the general election held in 1945-46 because vital issues were involved in it. In spite of restricted franchise obtaining at that time, the number of voters in each constituency was enormous. Besides, the means of communication and transport facilities were hardly adequate. Even then, a large number of voters in each constituency, on account of the interest taken by them, attended the polling stations and cast their votes. This is borne out by the fact that in the 1945-46 general election in the undivided Punjab, as many as 60.32 per cent of voters cast vote, in the contested constituencies, vide the Election Commission's Report on the said election. In undivided Bengal, in the same year, in contested Muslim constituencies the percentage of voting ranged between 28.3 and 80. 6 the average being 54.9 vide the official Report on that election. Even in the case of the general election in the former Province of West Punjab in 1950-51. The percentage of the votes cast ranged between 53 and 65, the average being 50, vide para 64 of the Report on that election. It may be true that the percentage of votes cast at the last election to Basic Democracies was comparatively high, but this was not so at all places inasmuch as in the city of Karachi the percentage of voter cast in the Basic Democracies election, according to reply No. 3902 of the Research Officer of the Bureau of National Reconstruction, was as low as 35 in spite of high percentage of literacy of the voters and adequate communication facilities thus bringing down the all-Pakistan average to 55%: even in East Pakistan the average was 56% only. However, the higher percentage of voting at the election of Basic Democracies was mainly due to the location of polling stations generally within the voters' own areas and within reasonable distances from the voters' actual places of residence. If polling stations, in the case of direct election, are similarly located, and same result is likely to be achieved.
One more argument in favor of the indirect system is that it is less costly and simple to administer whereas, apart from being highly expensive, an election under the direct system is difficult to manage on account of a huge electorate in each constituency. On an examination of the detailed procedures of the two systems, it will appear that these supposed advantages of the indirect system are unreal. In the indirect method, primary election will be held first throughout the country. For holding the primary election, the following items of work, among others, shall have to be done:
(i) Preparation and printing of electoral rolls.
(ii) Preliminary publication of electoral rolls.
(iii) Revision of electoral rolls after hearing objections and suggestions.
(iv) Final publication of electoral rolls is revised.
(v) Invitation of nominations.
(vi) Scrutiny of nomination papers and hearing of appeals against rejection of nominations.
(vii) Publication of names of validly nominated candidates.
(viii) Printing of ballot papers, envelopes and statutory forms, ballot being secret under the Constitution.
(ix) Making of ballot boxes.
(x) Setting up of poling stations and polling booths.
(xi). Other matters incidental to the actual holding of election and publication of election results.
In the direct system as well, it shall be necessary to carry out only the aforesaid items of work and no more. The volume of the important item of work, namely, preparation and printing of electoral rolls will be, more or less, the same in both the systems. In either system, it shall be necessary to include the names of about 4 1/2 crores of adult's of Pakistan in the rolls after preliminary enquiry, and those rolls, after revision thereof, shall have to be printed and published. On an average, there are ten wards in the Union Council, each ward having one scat in the Union Council. The number of contestants for each such scat may be 4 to 5, with the presence of political parties in the field in future, the number of contestants for an Assembly seat as well is not likely to exceed five on an average. Thus, the number of copies of the rolls required by the contestants in both the systems will be. more or less, the same. Again the agencies to be employed for the preparation and printing of electoral rolls may be the same in both the systems. It is true that the last elections to Basic Democracies were held throughout the country with ease and at less expense. This was mainly due to the fact that the old electoral rolls, prepared and printed in 1957 for Assembly elections, were used in connection with the elections to Basic Democracies after necessary adjustment, and it was not necessary to prepare and print electoral rolls afresh. The other reason was that no ballot box was supplied by the election authorities, and the candidates themselves were required to bring their own ballot boxes. But in a future primary election for the constitution of an electoral college such easy methods can no more be employed without facing public criticism. To hold and conduct election to the office of President and that of members of the Assemblies, including a primary election in the indirect system is the sole responsibility of the Election Commission under Article 153 of the Constitution. The primary election being very important in the indirect system, it shall be necessary for the Commission to carry out every item of work in connection with such election with meticulous care strictly according to laws and rules as in the case of direct election, Besides, secrecy of ballot, as enjoined by the Constitution, shall have to be maintained, Accordingly, printing of electoral rolls and ballot papers and supply of ballot boxes by the election commission shall be necessary in both the systems. It therefore, seems direct election on the basis of adult suffrage is not likely to be costlier than indirect election on the basis of such suffrage; rather the costs of the secondary election added to those of the primary election may make the indirect System more expensive..................
The last argument against the direct system is that there are greater chances of false personation and consequently of bogus voting in this system. This, if true, is likely to be present also in the indirect system, the difference being only one of degree. The remedy against possible personation in the direct system does not lie in the rejection of that system on that score. All that is necessary is to take appropriate steps so that it may be very difficult for anyone to personate....
The question of direct election on the basis of universal adult franchise being the most controversial, an endeavor has been made to state precisely the possible arguments for and against it. Having carefully considered the merits and demerits of both the systems of election, the voluminous evidence received by the Commission and the long- standing practice of direct election to which people have become accustomed, it seems to us that the reasons in support of the system of direct election on the basis of universal suffrage are far more weighty in spite of widespread illiteracy and backwardness in the country. We, therefore, recommend that members of the National and Provincial Assemblies should be elected direct on the basis of universal adult franchise.
This recommendation is unanimous, but two of us, while arriving at the same conclusion, approached the question from a different angle which they have explained in a separate note.
12. Method of election to the office of President. -Coming, now, to the method of Presidential election, we find that opinions with regard thereto have been expressed differently. A substantial section is in favor of indirect election of the President through an electoral college. Another section which is no less substantial, favors direct election. It appears that all the arguments in favor of direct election and against the indirect method in the case of election of Assembly members, with the exception of one. apply in the case of President's election with equal force. The exception is that the Presidential electors, on account of their huge number and the fact of their remaining scattered throughout the country, cannot perhaps be corrupted like the secondary electors of Assembly members. Moreover, the Presidential candidates who are expected to be men of high stature and integrity are unlikely to resort to corruption. This, of course a redeeming feature in favor of indirect election of the President. But there are more important reasons in support of direct election for the office of President, besides the other general reasons in favor of direct election and against the indirect system. The President's position under the Constitutions is exalted. As the Head of the State and its Chief Executive, he has very wide powers and has to bear tremendous responsibilities in the governance and administration of the country. He and his Council of Ministers are not responsible to the National Assembly and the Ministers hold office during his pleasure. He has unfettered power to dissolve that Assembly. The dissolution of a Provincial Assembly is subject to his concurrence. The President can refuse to give assent to a Bill even if it is passed by the votes of two-thirds of the total number of members of the National Assembly and refer it to the electorate by way of referendum for a decision whether the Bill so passed should or should not be assented to. The provisions with regard to his removal from office, are so rigid that it may be indeed very difficult to apply them. Such being the unique position and powers of the president, it is necessary that he Should command the confidence of the people, and such confidence is not likely to be forthcoming except through a direct election. In the direct system, all adults shall have the satisfaction of participation in the president's election and are therefore, expected to hold elected President in very high esteem and acknowledge him as their foremost national leader which consciousness in the masses is so essential for the proper functioning of a strong presidential form of government. It cannot be gainsaid that the National Assembly is a comparatively weak representative body. If the members of this week Assembly according to the great mass of evidence received by the Commission, are to be elected direct by the votes of all adults, it is all the more desirable that the President who occupies a unique position and possesses wide powers should be similarly elected. Therefore, in the case of election of the President no less than in that of election of members of Assemblies, direct election on the basis of universal adult suffrage is the more appropriate method. This opinion is not however, shared by two of us who, for reasons recorded in their separate note, favor indirect election.
13. Parity of Presidential electors. -It now falls to be considered how parity of voters between the two Wings can be maintained in the case of election to the office of President in the direct method. The terms of reference require that this parity shall have to be maintained. A fairly large number of persons who sent replies and gave evidence- particularly from the West Wing- have rather strongly opposed the idea of parity mainly on the following grounds:
(i) That the idea of parity of voters is based on distrust against the Wing that has majority of population and is, therefore, bad in principle if such distrust is allowed to take roots, there shall grow a vicious circle which, in its wake, will create further distrust and suspicion of the people of one Wing against that of the other with the result that national solidarity is likely to be undermined.
(ii)That the idea of parity of voters is also based on the wrong assumption that the voters from one Wing will vote for a Presidential candidate coming from hat Wing. A Presidential candidate is expected to be a person of very high caliber, towering personality and integrity. Voters will usually vote for a candidate who possesses these high qualities, wherever he comes from.
(iii) If (here are three candidates for the office of President two of them unless all the three belong to the same Wing, will be from one Wing and the third from the other. This will mean a triangular fight, for the office of President which will really render the provision of parity nugatory.
(iv)With the emergence of political parties commanding following in both the Wings, the voters, irrespective of their residence in one Wing or the other, will normally vote for the candidates sponsored by the parties according to their respective party affiliations. In such a case, the idea of parity is meaningless,
There is, no doubt, a good deal of substance in some of these contentions, but it is not open to the Commission to examine the question of parity on merits. The Commission, according to the terms of reference, must accept two things as settled fact. These are: (1) the presidential form of government as envisaged in the Constitution and (2) equal number of Presidential electors in each Province, whatever be the method of election of the President- direct or indirect,
Coming back to the question as to how parity of Presidential electors can be maintained in the system of direct election of the President, it seems to us that it is possible to devise a method by which the principle underlying parity can be maintained even in this system. Excluding the seats for women there are at present 150 general seats in the National Assembly. Of them 75 seats are allotted to the East Wing and 75 to the West Wing. Consequently there are 75 single-member constituencies in each Wing, let us take that each such Constituency has one electoral vote. Thus the number of electoral votes in each Wing shall be equal. Election in each of this 150 constituencies shall be direct and on the basis of adult suffrage. Of the Presidential candidates whoever wins election in one of these constituencies shall get one electoral vote. In this way whoever secures the largest number of electoral votes out of the total of 150 shall be deemed to be elected to the office of President. Thus it is by having recourse to this method that both direct election to the office of President on the basis of adult suffrage and maintenance of the principle of parity are possible at the same time .......
14. For maintaining parity electoral college on a permanent basis not necessary. It may possibly be argued that while the method suggested in the preceding paragraph secures parity of electoral votes between the two Wings of the country, each Wing having 75 such votes, parity in the number of electors in case of the Presidential election as required by the terms of reference is not maintained in that method and, therefore, it shall be necessary to constitute an electoral college with equal number of members from each Wing for maintaining parity in the number of Presidential electors. Technically this may be correct, but there is no doubt that the principle underlying parity is ensured by the method suggested in paragraph 13. The principle underlying parity is that the voting strength of the two Wings in the case of Presidential election should be equal so that one Wing, on account of its numerical superiority, can have no commanding position over the other Wing having less population. The number of electoral votes in the two wings being equal in the said method (75 in each Wing), the voting strength of the two Wings in the case of Presidential election remains exactly the same although the number of presidential electors of one Wing may exceed that of the other. In other words, the greater number of Presidential electors in one Wing shall have no affect whatever on the voting strength of the other Wing. That being so the question of one Wing's getting commanding position over the other will not arise at all in the case of Presidential election in that method. We do not, therefore, see any necessity for an electoral college on a permanent basis for the purpose of securing parity in the number of Presidential electors and the President's in direct election through that college. We are, however, in favor of the President's indirect election through an interim electoral college only for one term the reasons for which are given in the next succeeding paragraph.
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15. Indirect election of President as an interim measure. -While we have already expressed our opinion in paragraph 12 that the President with all his wide powers under the Constitution should be elected direct on the basis of Universal adult Franchise, we are not unmindful of the conditions now prevailing in the country and the practical difficulties likely to be faced by Presidential candidates in those conditions in running their candidatures in the direct system at the next Presidential election which will fall due within a short period of 2 years from now. We, therefore, think that election to the office of President in the direct system needs to be considered also from the aspect of its practicability.
The country is divided into two parts each being separated from the other by a foreign territory of over 1,000 miles, The means of communication between the two Wings are hardly adequate The question then naturally arises as to how a Presidential candidate will be able to contact the masses throughout the length and breadth of country, project his views before them, and prove his fitness and suitability in order to obtain their support for his candidature. Left to himself, this is almost an impossible task for an individual candidate for the office of President. Here, comes the necessity for political parties for this only with the support and assistance of a political party or a combination of such parties that a Presidential candidate can be capable of successfully running his candidature. The same, however, is not true in the case of a candidate for membership of an Assembly in as much as a constituency for Assembly being comparatively small in size and compact in area, it is possible for such candidate to project his candidature before the small electorate by organising and addressing much meetings at places within the constituency and also by issuing manifestos, pamphlets, booklets, and brochures, etc. But the support and assistance of political party for a Presidential candidate is indispensable in the existing conditions of the country...............
However regretful it may be the fact remains that none of the existing political parties has yet become fully organized and attained the national stature with roots among the masses. With the imposition of Martial Law in 1958, all political parties were banned. It is only by the enactment of the very recent political Parties Act that the revival of the hitherto banned political parties has been permitted. Besides, sanction for the formation of new political parties within the ambit of that Act, has been given. In spite of the opportunity available under said Act, certain political leaders have declared that they would not revive their parties until the present Constitution has been further democratized. True, the all-Pakistan Muslim League which had once a large following in both the Wings of the country has since been revived, but it is split up into two groups with different out-look. The blocked funds of the parents. Muslim League have not been given to either group. None of these two groups appears to have contacted the masses as yet for enrolment of members on the basis of any programme. One or two other old political parties have also been revived but they could not as the number of their representatives in the former legislatures indicates, attain the stature of a national political party, and it is to be seen how far they will be able to attain that stature in future. In order to achieve country-wide popularity and importance thereby to wing the support of the people in favor of the candidate sponsored by a political party, what is essential is to get itself rooted first in the hearts of the people by constant mass contact and sustained work on the basis of a good programme. The revived political parties are now only in their formative stage, and it may lake some time before they become firmly established will adequate funds. Since their revival, no election or bye-election to any representative institution has been fought on the party system. The strength and stature of these parties will crystallize only after the next Presidential election and the general election for Assemblies. Until a political party has fought at least one Presidential election and one general election, it cannot be taken for certain that it has become we 11-organised on a national basis with roots among the masses. Since a political party of that stature is yet to come into existence and the media of publicity and transport facilities in the country are inadequate. Presidential candidates at the next election may find it difficult to project their candidatures before the adult population of about 41 crores scattered all over the country. In consideration of these practical difficulties alone, the next Presidential election may, as an interim measure, be held indirectly through an electoral college, but all successive Presidential election thereafter should be held direct on the basis of universal adult franchise...............
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17. Electoral college as envisaged in the Constitution with increased strength suitable. The Constitution of an electoral college composed of the members of the Assemblies being ruled out, it shall be necessary to have a college as envisaged in the Constitution with or without an increase in the number of members thereof. Opinions as regards the composition of an electoral college for Presidential election are divided. Some are in favor of retaining the number of Presidential electors at 80,000 as envisaged in the Constitution. Some others desire an increase of that number by 2 to 5 times or even more. Taking the population of Pakistan in 1959, at 8 crores, each union under the Basic Democracies Order, has been allotted, on an average, 10 elected and 5 nominated members. The basis of the allotment appears to be that 15 members are sufficient to represent one union. The indication is that the system of nomination in unions will be abolished, and the nominated element will be replaced by elected members. This again means that one union can be sufficiently represented by its 15 elected members. However, for the composition of an electoral college, it is immaterial whether or not the system of nomination in unions is replaced by election, the college being an organisation different from unions. What, however, is important is that the area under one union will be sufficiently represented by 15 persons. Taking this as a basis for the composition of an electoral college, the strength of an electoral college comes to 1, 20,000 in place of 80,000 hitherto fixed on the basis of 10 elected representatives per union on an average. Thus the said figure of 1, 20,000 appears to realistic in that while it has a positive basis, it is not unmanageable either. Therefore, the strength of the Electoral College should be fixed at 1, 20,000. For the purpose of maintaining parity of voters between the two wings in the case of Presidential election, the exact half of the said 1,20,000 electoral votes should be allotted to each wing.
According to Chapter 2 of Part VII of the Constitution, there shall be delimited as many electoral units in the country as there are members of an electoral college. This means that only one member shall be elected from one unit. On the basis of the total strength of the electoral college, there shall be one member for every 750 people on an average. In areas where there are concentrations of population particularly in cities, it may not be feasible to delimit such small electoral units for the simple reason that even two or three buildings together may have residents numbering 750 or more. Therefore, for facilitating the constitution of the Electoral College, we suggest that Chapter 2 of Part VII of the constitution should be suitably amended so as to permit delimitation of multi- member electoral units, wherever necessary.
In this connection, we may point out that there has been some misunderstanding with regard to the functions of an electoral college. Some witnesses including officials are under the impression that members of an electoral college shall be necessarily invested with the functions of local government and that they shall have to discharge such functions, in addition to their function or casting votes at an election. This impression is not correct. Under the Constitution, members of an electoral college are invested with the sole function of casting votes at an election or a referendum. But Article 158(4) of the Constitution provides that functions of local government as well may be conferred on members of an electoral college by law. This is merely an enabling provision. The correct position, therefore, is that, in addition to their normal function of casting votes, members of an electoral college shall be required to perform functions of local government only if such functions are conferred on them by law made for the purpose.
18. Qualification and disqualification of members of the electoral college. Every citizen of not less than 25 years of age who possesses the other qualifications prescribed in Article 157 of the Constitution and is not subject to any of the disqualifications mentioned in clause (2) of Article 103 thereof should be eligible for membership of the proposed electoral college. In order to prevent undesirable persons' entry into the electoral college as members thereof, it is necessary to prescribe the disqualifications mentioned in that Article. This recommendation is in keeping with the provision of Article 158(1) of the Constitution.
SELECTION OF PRESIDENTIAL CANDIDATES
19. Desirability of restricting the number of Presidential candidates and their selection by Assembly members. -Article 167 of the Constitution provides that if the number of candidates for election to the office of President exceeds three excluding the person holding the office of President for the time being the members of the National and Provincial Assemblies shall, at a joint sitting, select three of the candidate for election. If, however, the National Assembly stands dissolved at the relevant time, the selection of three candidates shall be made by the two Provincial Assemblies sitting jointly. The fixation of the number of Presidential candidates at three and the selection of such candidates in the above manner appear to be arbitrary. It is most unlikely that a person who has not earned name and fame throughout the country by his patriotism, selfless work, meritorious service, caliber, ability and personality and has neither sufficient means nor the backing of a strong political party will secure nomination for the high office of President. Persons of such high stature being limited in number, it can be reasonably inferred that the number of the Presidential candidates will not ordinarily exceed three or four. With the emergence of stronger political parties in course of time, their number may be reduced to two only as in the United States of America. Therefore, it seems to us that it is not necessary to fix the number of Presidential candidates arbitrarily nor is it desirable that the candidates should be selected by the members of the Assemblies. If the right of the members of the Assemblies to select the Presidential candidates is retained, the right itself will offer an opportunity to them to bargain with the candidates. This may cause dependence of the selected President on the Assembly members which, however, is undesirable for the reason already stated. The provision of Article 167 with regard to selection of Presidential candidates by the Assembly members is not absolute either, for, the said Article shall not apply during the period of dissolution of a Provincial Assembly. If a Provincial Assembly stands dissolved at a time when nomination of presidential candidates falls due, there shall be no restriction as to the number of candidates and, as such, political parties shall then be free to sponsor candidates in which case the question of their selection will not arise. Without the support of a strong and well-organized political party, it would be difficult for any candidate to run his candidature for the high office of President. That begin so, the number of Presidential candidates is hardly likely to exceed the number of such parties whose number may not, in fact, be more than two or three. Thus, the number of Presidential candidates is likely to be restricted to two or three in the normal course for which no constitutional restriction is necessary- Regard being had to all these facts and circumstances, we think that the provision restricting the number of Presidential candidates and their selection by Assembly members should be omitted.
The Chairman does not agree with the views expressed in this paragraph and has appended a separate note.
20. Whether the out-going or the newly elected members of Assemblies should select the Presidential candidates—If the system of selection of Presidential candidates in the manner provided by the Constitution is retained, we would recommend that the selection should be made by the newly elected members of the three Assemblies and not by the out-going members thereof. The reason for this is to obvious to be stated at length. Suffice it so say that at a time when nomination of Presidential candidates will fall due the representative character of the out-going members of the Assemblies will be almost lost because of the impending expiration of the term of the Assembles. At least, the out-going members may not then have as much as that of the newly-elected members. If the recommendation for selection of Presidential candidates by the newly elected members of Assemblies is accepted, it may be necessary to extend the term of office of President by about two months for enabling the Election Commission to complete the Presidential election within the period of 120 days mentioned in Article 162 (2) of the Constitution.
21. The procedure of ballot for selection of Presidential candidates-The Constitution itself does not prescribe the procedure of ballot for selection of Presidential candidates by the members of the three Assemblies sitting jointly for the purpose. The number of candidates for the office of President being restricted to three, a ballot shall be necessary if more than three persons file nominations for that office, In case of a ballot, there may be adopted either plural-voting or single voting system. In the first case, each Assembly member may cast three votes-one for each the three candidates of his choice. In the second case, each Assembly member may cast only one vote in favor of one of the candidates of his choice. In either case, those three candidates who secure the first place as respects the number of votes polled would be declared eligible candidates for the office of President. Of these two systems of voting the first one, i.e. the system of plural- voting is wholly undesirable in as much as under this system the majority groups in three Assemblies may combine thereby get all the three candidates selected according to their choice, leaving no chance to the minority groups in the Assemblies to secure the selection of any of their nominees. If the majority groups belong to the same political party, as is usually the case, it is almost certain that none of the nominees of the minority groups will be selected. In the single-voting system, however, both the majority and minority groups may be able to secure the selection of their nominees in spite of wide difference in the number of votes polled by them. As the single-voting system will offer fair opportunity to both the majority and minority groups in the Assemblies, we recommend that in the matter of selection of Presidential candidates each Assembly members should have only one vote to be cast in favor of the candidate of his choice.
22. Time for selection of Presidential candidates-The time for Selection of Presidential candidates is pertinent in the indirect system of election. If the President is elected indirectly through an electoral college, it shall be necessary to hold election at two stages. At the first stage, the primary voters will elect the secondary voters who, at the second stage, will elect the President. Thus, the secondary voters drive their authority from the primary ones. It is, therefore, desirable that the primary voters with whose authority the President is really elected and whom the elected President will really represent should know the names of the Presidential candidates at the time of the primary election. This is desirable for making the delegation of authority by the primary voters to the secondary ones real and effective. This is what is exactly done in the case of Presidential election in the United States of America. We, therefore, recommend that the selection of Presidential candidates, if at all necessary, should be made before the holding of the primary election. If, however, selection of Presidential candidates by Assembly members is done away with, but the provision for indirect election of the President through an electoral college is retained, then, for the very reasons stated above the names of validly nominated candidates should be similarly made known even if the operation of Article 167 of the Constitution is not attracted, the number of Presidential candidates being not more than three.
HOLDING OF SIMULTANEOUSELECTIONS AND
ELECTION EXPENSES
23. Feasibility of holding simultaneous elections and expenses. -If the recommendation for direct election of Assembly members and to the office of President on the basis of adult suffrage is accepted and the provision for selection of Presidential candidates by the Assembly members is omitted as suggested by us, it will be possible to hold all these elections simultaneously by the same election machinery by providing three separate booths within the same polling station- one for the Presidential election, one for election to the National Assembly and the third for the Provincial Assembly election. The holding of all these elections at the same time and place will necessarily entail less expenses. If, however, members of the Assemblies are elected by the direct votes of all adults and the President is elected indirect through an electoral college, it shall be necessary to hold three separate elections- one for electing Assembly members, the second for electing members of an electoral college and the third for the election of President through that college, for, it would be administratively impracticable to hold elections of Assembly members and of a very large number of members of an electoral college simultaneously. Obviously, the cost of holding three separate elections will be more than the cost of the elections in the direct method as explained in Appedix-V.
ELECTION OF WOMEN MEMBERS
24. Election of Women members of National Assembly from reserved seats.-The Constitution provides for indirect election of women of Legislatures by members of Provincial Assemblies. For this purpose, five seats are reserved for women in each Provincial Assembly and six in the National Assembly. Such reservation of seats for women does not, however, stand in the way of their contesting the general seats. Women are elected to the five reserved seats in a Provincial Assembly by the members of that Assembly. As regards the six reserved seats in the National Assembly, women are elected to three such seats by the members of each Provincial Assembly. On the principle of co-option, election of women to reserved seats in a Provincial Assembly by the members of that Assembly may be justified, but election of women to the National Assembly by the members of Provincial Assemblies has no such justification and is subject to valid criticism. In fairness, each Assembly should form the electorate for the seats reserved for women in that Assembly. We, therefore, recommend that those members of the National Assembly who are elected from the general constituencies in East Pakistan should elect three women from East Pakistan to the National Assembly. Similarly those members of the National Assembly who are elected from the general constituencies in West Pakistan should elect three women from West Pakistan to that Assembly.
TREBAL AREAS
25. Special treatment to Tribal Areas. - The Tribal Areas of West Pakistan where special and tribal conditions prevail deserve special treatment in the matter of election of the President and Assembly members. The Tribal Areas are sparsely populated, and the population in some areas is nomadic. Means of communication and transport facilities within the Tribal Areas being very unsatisfactory, it is difficult to have access to many a place within those areas for contact with the people living therein. The Tribal people are conservative and strictly adhere to their customs and usages. The Tribal Maliks who wield much influence over the Tribal people of their respective areas guide them in almost all important affairs. The Tribal people adhere to the system of Jirga and abide by the decisions of the Jirga composed of elders and Tribal Maliks. The women folk of the Tribal Areas are very conservative, and their conservatism is rigidly guarded by the menfolk. The conservatism is So rigid that no one can even utter the name of a women without the risk of being reprimanded or punished. It is on account of these special tribal conditions that it may not be feasible to constitute electoral units within the Tribal Areas as required under Chapter 2 of Part VII of the Constitution and hold and conduct elections within those Areas in the same manner as in the settled areas of West Pakistan. It is, therefore, necessary that the constitutional provisions with regard to the formation of electoral units and the method of holding elections should be relaxed in the case of Tribal Areas, and the Election Commission should be empowered by law to make such arrangements in these matters as it may deem fit and proper for a realistic representation of the people of those Areas.
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SUMMARY OF THE CONCLUSIONS AND RECOMMENDATIONS
27. This Report answers fully the points involved in the terms of reference. The conclusions and recommendations which are partly unanimous and partly divided, as explained in the next succeeding paragraph are summed up as follows:
(i) That the electoral system prescribed by Chapter 2 of Part VII of the constitution is not an efficacious and appropriate instrument for realistic representation of the people for reasons given in paras 1, 12, and 13.
(ii) That universal adult franchise should be the basis of election of the President and members of the National and Provincial Assemblies (Para 10).
(iii) That every citizen who is aged 21 years or above and is not of unsound mind shall, if not otherwise disqualified, have a right to vote (Para 10).
(iv) That the election of members of the National and Provincial Assemblies should be direct and on the basis of universal adult suffrage (Para 11).
EXPLANATIONS OF CONCLUSIONS AND RECOMMENDATIONS
28. Our conclusions and recommendations on all points except with regard to the method of election to the office of President and some of the matters incidental thereto are unanimous. We are all in favor of universal adult franchise, but one of us, Mr. Hassan Ali, is of the view that the voters’ age-limit should be raised to 25, because, in his opinion, a person does not attain the requisite sense of responsibility and full maturity of understanding before attaining that age. He is also of the opinion that the age of a voter should not be less than that of a member of an electoral college whose minimum qualifying age is 25 under Article 158(1) of the Constitution.
We are also unanimous that election of members of the National and Provincial Assemblies should be direct and on the basis of universal adult franchise, but two of us, while arriving at the same conclusion, have in their separate note, approached the question from a different angle.
As regards the method of Presidential election, we regret that we have not been able to reach a unanimous conclusion. In the opinion of three of us, while direct election to the office of President is the more appropriate method, the next Presidential election alone may be held indirectly through an electoral college for reasons given in paragraphs 11 to 13 and 15. The remaining two hold the view that indirect election of the President through an electoral college is the appropriate method in the Presidential form of government for reasons given by them in their separate note. However, there has been unanimity as regards some of the matters incidental to the indirect method of Presidential election. The incidental matters on which there has been unanimity are stated in items (viii), (ix), (x), (xii), (xiii), (xiv) and (xvi) of paragraph 27 of the Report. As regards the incidental matters relating to restriction of the number of Presidential candidates dealt with in paragraph 19 and summarized in item (xi) of paragraph 27, all of us, except the Chairman, are agreed. The Chairman has given his reasons for dissent in a separate note. We are also unanimous with regard to the election of women to the National Assembly from reserved seats and the necessity for according special treatment to Tribal Areas of West Pakistan in the matter of elections. Our recommendations on these two matters are made in paragraphs 24 and 25 and summarized in items (xvii) and (xviii) of paragraph 27 of the Report.
Sd/- AKHTER HUSAIN