The Supreme Court (SC) of Pakistan has initiated a call for input from potential election candidates regarding the contentious issue of lifetime disqualification of lawmakers.
The SC’s decision comes as the court prepares to address the discrepancy between its prior judicial decisions and recent amendments to the Elections Act 2017.
An advertisement issued by the SC, published in various newspapers, invites candidates interested in contesting general elections to submit their written opinions on lifetime disqualification.
The initiative is part of the court’s efforts to gather a broad spectrum of views before deciding. The ad emphasizes that interested candidates can submit detailed written responses to the SC.
Upcoming Court Deliberations and Background
A seven-member bench of the SC is set to deliberate on pleas concerning the lifetime disqualification issue under Article 62 (1) (f) of the Constitution and its juxtaposition with section 232 of the amended Elections Act, 2017. The outcome of this decision is expected to significantly impact candidates intending to run in the 2024 general elections.
Previously, on December 11, the SC issued notices to various legal authorities, including the Attorney General for Pakistan and the Election Commission of Pakistan, for assistance. The court follows a petition by Shamona Badshah Qaisrani, a former MPA from the Pakistan Muslim League-Nawaz (PMLN), who faced disqualification over a fake degree in 2007.
In 2018, a Supreme Court bench unanimously ruled that disqualifications under Article 62(1)(f), which demands parliament members to be ‘sadiq and ameen’ (honest and righteous), are for life.
The article disqualified notable politicians, including former Prime Minister Nawaz Sharif and Pakistan Tehreek-e-Insaf founder in the Toshakhana case. However, a recent amendment passed by the then-coalition government in June limits such disqualifications to five years, prompting the current judicial review.
