File Name: article 62 and 63 of pakistan in urdu e-books.zip
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An individual disqualified under Articles 62 and 63 of the Constitution cannot serve as head of a political party, a three-judge Supreme Court SC bench headed by Chief Justice of Pakistan CJP Mian Saqib Nisar ruled on Wednesday, sending another seismic wave rippling through Pakistan's electoral system.
The apex court's verdict was in response to 17 petitions challenging the controversial Elections Act , which had been bulldozed through parliament last year to pave the way for Nawaz Sharif's return to the PML-N's helm as party president. Sharif had earlier been deemed unfit to hold public office in the landmark Panama Papers judgement , in which a five-member bench of the Supreme Court had unanimously ruled that the former prime minister had not been 'honest' and 'truthful' in discharging his obligations as a lawmaker — both necessary conditions to hold public office in Pakistan under Article 62 1 f of the Constitution.
Read more: The technicality that led to Nawaz Sharif's disqualification. Apart from the chief executive of Pakistan's chair, Sharif had also lost his party's presidency in the July 28, Panama Papers judgement. A ECP notification had stated that election laws do not allow a person who does not qualify to become a member of the parliament to serve as an office-bearer of a political entity.
It further ruled that "all steps taken, orders passed, directions given and documents issued" by Sharif since his disqualification last year will be deemed to have been nullified. The CJP, while reading out the verdict in Courtroom 1, further said that a person who is disqualified under Articles 62 and 63 of the Constitution is not eligible to sign off on any document needed to nominate someone to the National Assembly or Senate.
CJP Nisar, in his remarks, said that it is mandatory for a party head to fulfil the requirements of Articles 62 and 63, as a party head is powerful and political parties control the government.
The judgement issued by the court read: "Under Article A of the Constitution, the position of a party head of a political party that has representation in, interalia, the Parliament has a central role in the performance of duties by the members of the Parliament. For rendering such a role, a party head must necessarily possess the qualifications and be free of the disqualifications contemplated in Articles 62 and 63 of the Constitution.
However, decisions taken by Nawaz Sharif will be nullified, including the tickets issued by him for the Senate elections, and that a new schedule may have to be announced for Senate polls. The highest institutions of justice are not giving verdicts against you, but testifying to your truthfulness and presenting evidence in favour of your stance," she wrote.
An updated list of registered political parties on the ECP site showed a blank space in the 'name of party leader' column in front of PML-N.
The name of Sharif as president of PML-N "shall be deemed to have been removed from the election record with effect from [the day Sharif was disqualified]", said a notification issued by the ECP.
In a letter sent to PML-N Acting Secretary General Ahsan Iqbal, the commission directed the party to fill the vacant post of its president within 45 days after the removal of Sharif as party head. Meanwhile, the ECP has called a meeting tomorrow to decide the future of upcoming Senate elections and by-polls in light of today's SC verdict. Waqar referred to Article 17 of the Constitution, which concerns the "freedom of association", and said that the second clause of the article specifically gives citizens the right to form or join a political party.
However, Awami Muslim League chief Sheikh Rashid's lawyer, Barrister Farrogh Naseem, pointed out that Article 17 2 is "subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan". He insisted that a person who violates Articles 62 and 63 of the Constitution should therefore not be allowed to lead a political party since it is a "matter of public leadership". Babar Awan, the counsel for the PTI, had directed the court's attention towards the upcoming Senate elections and said that a disqualified politician was handing out tickets for Senate candidates from the PML-N.
Referring to Prime Minister Shahid Khaqan Abbasi's speech in Parliament on Monday, in which the premier had criticised the judiciary for "insulting" elected officials, Justice Nisar today said that the judiciary had never called any politician a "thief". PM Abbasi had said: "I was not willing to say this but it has become necessary. The elected representatives of the million people are being dubbed as thiefs, robbers and the mafia.
Sometimes threats are being hurled that we [judges] will nullify the legislation that you [parliamentarians] have passed. The CJP today said that he had praised the country's leadership and added that he does not "owe anyone an explanation".
Correction: An earlier version of this article erroneously stated that the court had declared Article 17 of the Elections Act null and void, which has been corrected. The error is regretted. Facebook Count. Twitter Share. Read more. On DawnNews. Comments Closed. Popular Newest Oldest.
Feb 21, pm. This decision paved way for back door conspiracies Recommend 0. Justice Prevailed!! SC Zindabad.. Pro Pakistani. History in the making and the future being secured of Pakistan and for Pakistanis! Great news for Pakistan. Now put him and his daughter in jail too. Revenge of the fallen!!!
Now he should be imprisoned for sure. Last Word. This judgement will further strengthen PMLN chances of winning coming elections with thumping majority. Shahmeer Khan. Finnaly justice is being served. These political parties think they can do everything by just passing bills on the floor of the parliament.
The justice has been served. Truth Seeker. Appeal to decision must be heard quickly. Hamza Rasheed. Good bye Mian Sahab! We will miss you! Judgement served. A very good decision for the betterment of Pakistan.
Iftikhar Husain. This is the best news for democracy people and politicians must stop accusing the courts in Pakistan. It's a bit more than democracy. Hats off to Judiciary for standing up for Pakistan. Michael Cousins. Another Controversial Judgement, It will create further Confusion and instability. Perfect decision. Shakil Khwaja. What a nice news to start off the day. Pakistan first! Excellent decision..!!! After disqualification as PM he should not have lead the party on moral grounds. Great NEWS!!!!
I congratulate People of Pakistan, there are still hopes alive. Well done Judiciary. Finally; the Law is asserting itself against the Outlaws. Hats off to the judicial dictum. Salute to honorable judges Not a good decision. Anwar Qureshi. History in the making and setting the right procedures for the country which is not at all expected from the corrupt politicians. Adnan Mazher Khan. Supreme Court of Pakistan, I am proud of you. Justice has been served and it can be seen.
Finally we are heading to beautiful future of Pakistan. S A Ahmed. We must respect court decision. Munawar Choudhry. Excellent decision.
Now, Pakistan has real courts and not under pressure. Well done Supreme Court. You are our last hope against corrupt to the core ruling elite. Vivid decision according to the constitution and wishes of common man. Corrupt and disqualified persons shall not head a party. Thumbs up SC Well done judiciary. Judiciary coming as a ray of hope for poor Pakistanis. A logical decision! Azaz Chitral. This decision is in the making of Pakistan to the new era justice and fair play.
Decision like this should come for the collective betterness of the country, they should not stop with this decision.
Jump to navigation. This article analyses the provisions regarding the qualifications and disqualifications for Parliamentarians set out in the constitution of Pakistan, and traces their evolution over the years. It establishes that the objective interpretation of these provisions in the past has given way to a more subjective and moralistic approach in the run-up to the general elections. It further argues that, for the most part, these provisions lay down unascertainable and subjective criteria for qualification and disqualification of a Parliamentarian. This in turn lends support to the main argument of this article that the fundamental right of an individual to contest for a public office, and an equal fundamental right of the citizenry to choose their representative cannot be refused, on the grounds of such ambiguous ideas. However, this is not to say that there should be no minimum criteria for qualifying to be a Parliamentarian; rather it is suggested that the present criteria suffer from serious defects which need to be remedied. The endeavour of law, in a democratic dispensation, is that of creating an ideal society — a society that is not simply a reflection of who we are, but, more importantly, of who we aspire to be.
Ordinance XIX of Chapter I. Short title and extent. Chapter II. Licensing of Drivers of Motor Vehicles.
An individual disqualified under Articles 62 and 63 of the Constitution cannot serve as head of a political party, a three-judge Supreme Court SC bench headed by Chief Justice of Pakistan CJP Mian Saqib Nisar ruled on Wednesday, sending another seismic wave rippling through Pakistan's electoral system. The apex court's verdict was in response to 17 petitions challenging the controversial Elections Act , which had been bulldozed through parliament last year to pave the way for Nawaz Sharif's return to the PML-N's helm as party president. Sharif had earlier been deemed unfit to hold public office in the landmark Panama Papers judgement , in which a five-member bench of the Supreme Court had unanimously ruled that the former prime minister had not been 'honest' and 'truthful' in discharging his obligations as a lawmaker — both necessary conditions to hold public office in Pakistan under Article 62 1 f of the Constitution.
Opposition The National Assembly is a democratically elected body consisting of a total of members, before 25th amendment they used to be who are referred to as Members of the National Assembly MNAs , of which are directly elected members and 70 reserved seats for women and religious minorities. A political party must secure seats to obtain and preserve a majority. Members are elected through the first-past-the-post system under universal adult suffrage , representing electoral districts known as National Assembly constituencies.