Article 62 - The actual sword hanging on the politicians' heads

[MM_Haider]

Article 62 of Constitution of Pakistan states that:

Qualifications for membership of Majlis-e-Shoora (Parliament):


(1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

(a) he is a citizen of Pakistan;

ok. good! fair enough

(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.

This is also not an issue. pretty straight forward!

(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

easy peasy! not a problem..

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

here the problem starts? what is meant by commonly known as... who will judge and how? fake news in media and youtube videos would be enough to prove him guilty or what??


(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

How to get the clue that he commits major sins or not? and what is definitions of major sins (those which are included in Hudood or any sin else)

(f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;

it is somehow OK!

(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

what is the definition of ideology of Pakistan?

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.

Great!!


===========

can any lawyer on the forum guide me regarding above? In my point of view whosoever wrote the above article was under the influence of some religious parties who kept HOW TO as wage! It is better if some mechanism would have also been advised in constitution to judge the candidates under the above article.

 

[ajpirzada]

well these are explained in the Representation of People's Act 1976. For example:

32[76A. Additional powers of Election Tribunal.-(1)If an Election Tribunal, on the basis of any material
coming to its knowledge from any source or information laid before it, is of the opinion that a returned
candidate was a defaulter of loan, taxes, government dues or utility charges, or has submitted a false or
incorrect declaration regarding payment of loans, taxes, government dues or utility charges, or has
submitted a false or incorrect statement of assets and liabilities of his own, his spouse or his dependents
under section 12, it may, on its own motion or otherwise, call upon such candidate to show cause why his
election should not be declared void and, if it is satisfied that such candidate is a defaulter or has
submitted false or incorrect declaration or statement, as aforesaid, it may, without prejudice to any order
that may be, or has been made on an election petition, or any other punishment, penalty or liability which
such candidate may have incurred under this Act or under any other law for the time being in force, make
an order
(a) declaring the election of the returned candidate to be void ;and
(b) declaring any other contesting candidate to have been duly elected.

See from Article 75 onwards in the following link if u r interested in details: http://publicofficialsfinancialdisc..._Representation of the People Act_1976_en.pdf

im not a lawyer but from i understand is that constitution only provides generic guidelines while specific details are laid down in other Acts related to different government functions such as Pakistan Penal code, Representation of peoples act etc etc

 

[Fracker]

court decisions can become more important. To identify who is good, honest or evil , hypocrite. I am still not sure what exactly been going to come. As nothing is clear, but i think most chances are... Government may offer good post or money to Tahir, and everything will be clear, now all politicians are compliant with Article 62 and 63 lol

 

[Guvera]

Pretty gud points i must say, what i feel can be done here is that they can ask supreme court to elaborate Article 62 in detail if possible ?

 

[Spring Onion]

Article 62 of Constitution of Pakistan states that:

Qualifications for membership of Majlis-e-Shoora (Parliament):


(1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

(a) he is a citizen of Pakistan;

ok. good! fair enough

(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.

This is also not an issue. pretty straight forward!

(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

easy peasy! not a problem..

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

here the problem starts? what is meant by commonly known as... who will judge and how? fake news in media and youtube videos would be enough to prove him guilty or what??


(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

How to get the clue that he commits major sins or not? and what is definitions of major sins (those which are included in Hudood or any sin else)

(f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;

it is somehow OK!

(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

what is the definition of ideology of Pakistan?

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.

Great!!


===========

can any lawyer on the forum guide me regarding above? In my point of view whosoever wrote the above article was under the influence of some religious parties who kept HOW TO as wage! It is better if some mechanism would have also been advised in constitution to judge the candidates under the above article.

the clauses d e f were incorporated by none other than Ziaul Haq . These were NOT present in original constitution of 73. So you can understand these lack substance

 

[MM_Haider]

By these clauses anybody can force his opponent to disqualification ... D, e, f!!!

 

[tarrar]

Well all the politicians are protesting & they are even protesting against Pak Army who are helping to verify the voters list. This shows how much dishonest & disloyal they are with Pakistan. If they were honest then they would had allowed verification & they would had never protested against Article 62, 63 & 213. If they are implemented completely then almost 90% of the politicians will be disqualified.

Look at every bodies favorite PTI even they are protesting against Pak Army, I thought they said they want to clean the mess & they always speak about honesty & etc. So what they are doing here is it honest? that Pak Army is helping to verify voters list?

 

[BATMAN]

Pretty gud points i must say, what i feel can be done here is that they can ask supreme court to elaborate Article 62 in detail if possible ?

You mean Iftikhar f... chaudary? Who has been fired by an elected, parliament with due course and investigation!

Ifitikhar F.. Chaudary is appointed by Asif F... Zardari, upon request of Imran F.. Khan.

Current, Judiciary is a big F.. F... up and why do you think people have to remind judiciary of open violation of constitution, on the first place?

 

[BATMAN]

By these clauses anybody can force his opponent to disqualification ... D, e, f!!!

Well this is the constitution! which no one ever told us!

I keep saying Zardari stands disqualified due to many other reasons... as well.

1- No graduation
2- Fake degree submitted
3- Mental sickness certificate
4- Criminal... welknown for his 10% commision
5- Murderer of Bhutto family
6- Terrorists.. tying bombs to people legs
7- Traitor
8- Most hated
9- Non believer, promoting evil symbols e.g mark on APP photos and same mark on last 23 March PTV program.
10- Family lives abroad
11- Shifitng Pakistan wealth abroad
12- Never spoke in favor of Pakistan
13- No connection with people of Pakistan
14- No interviews or cross talks
list goes on and on