Explainer: Khalid Azeem’s take on SC ruling

April 13, 2018
Samaa Web Desk





The Supreme Court said the legislature did not determine the term of disqualification under Article-62-1(f) of the Constitution of Pakistan. It could have determined it if it wanted as parliament has specified the disqualification term under three sections (g), (l) and (m) of Article-63-1.

Article-62-1(f): On qualifying for parliament.
(l) A person shall not be qualified to be elected or chosen as a member of the Majlis-e-Shoora (Parliament) unless¬ he is sagacious, righteous, non-profligate, honest and ameen.

The court said the period of disqualification has not been specified in Article-62-1(f), nor is there any precedent in judicial history. Accordingly, the court decided those disqualified under the article will be disqualified for life.

The same was said about fake degree-holders. They are not righteous as they have been untruthful. Article-62-1(f) is applicable to the fake degree-holder as well.

People have wrongly translated the word ‘righteous’ as “sadiq”. The legislature mentioned the word ‘ameen’ in the same article. It means the legislature could have mentioned the word “sadiq” also if it wanted to.

Another decision stated that anyone, who was declared ineligible to be a member of the National Assembly, provincial assemblies or Senate, cannot hold a position in any political party.

This decision came in connection with Nawaz Sharif who was president of the PML-N political party. However, he can play a role of decision maker or a patron of the party.
Published in Opinion, Pakistan

Story first published: 13th April 2018

 
 

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