Article 213: Chief Election Commissioner

(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President ***. [(2) No person shall be appointed Commissioner unless he has been a Judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty-eight years of age. Explanation 1.— “senior civil servant” means a civil ser- vant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS-22 or above. Explanation 2.— “technocrat” means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of achievements at the national or international level.] [(2A) The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person [:] [Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall for- ward separate lists to the Parliamentary Committee for consider- ation which may confirm any one name.] (2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders: * * * * * * * [Provided * that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate:] Provided [further] that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the [total membership of the Parliamentary Committee shall consist of] the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.] (3) The Commissioner [or a member] shall have such pow- ers and functions as are conferred on him by the Constitution and law.

Effective date: 1973-08-14

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