Pakistan’s Supreme Court Tackles Lifetime Disqualification and Legislative Amendments
The Supreme Court of Pakistan, led by Chief Justice Qazi Faez Isa and including six other justices, is currently overseeing a pivotal case with significant constitutional implications. This case, streamed live on the Supreme Court’s website and YouTube channel, involves intricate legal discussions and queries about the legislative framework underpinning the appeals being heard.
Key aspects of the hearing include:
Legal Framework for Appeals: Khurram Raza, the lawyer for plaintiff Sajjadul Hassan, sought clarification on the constitutional basis (specifically Articles 184-3 or 187) for the ongoing appeals.
Lifetime Disqualification Debate: A critical discussion point is the lifetime disqualification under Article 62(1)(F) of the Constitution. CJP Isa raised concerns about its interpretation and implementation, questioning the rationale behind permanent disqualification based on nomination papers and the broader implications of this practice.
Constitutional Amendments and Dictatorial Influence: The court is scrutinizing amendments made to the Constitution, particularly those instituted under dictatorial regimes, focusing on the conditions of ‘Saadiq and Ameen’ (honest and righteous) for parliamentarians. CJP Isa critically reflected on the hypocrisy and legality of such amendments, especially those made under duress or undemocratic circumstances.
Election Act Amendments and Disqualification Tenure: The discussion also touched upon the recent amendments to the Election Act by the Parliament, which limited lawmakers’ disqualification to five years. This raises questions about the compatibility of these amendments with existing constitutional provisions.
Differing Judicial Opinions: Advocate Usman Karim highlighted the inconsistencies in judgments related to lifetime disqualification, particularly those penned by former CJP Umar Ata Bandial, indicating a shift in legal interpretation over time.
Constitutional Interpretation and Eligibility Criteria: The Attorney General of Pakistan, Mansoor Usman Awan, contributed to the discussion by differentiating between Articles 62 and 63 of the Constitution, relating to the eligibility and disqualification of parliamentarians, respectively.
Historical Context of Disqualification: The case draws upon past instances of disqualification under Article 62(1)(f), notably the disqualification of former Prime Minister Nawaz Sharif and the founder of Pakistan Tehreek-e-Insaf in the Toshakhana case.
This hearing represents a crucial moment in Pakistan’s legal and political landscape, as it addresses fundamental questions about the application of constitutional law and the balance of power between various state organs.
