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Article 62 & 63 of constitution of Pakistan  

 

Article 62 & 63 of constitution of Pakistan

 

 

 

Article 62 of constitution of Pakistan

 

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;

(b)

he is, in the case of the National Assembly, not less than twenty -five years of age and is enrolled 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.

(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;

(d)

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

(e)

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

(f)

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

(g)

he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the 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.]

 

Article 63 of constitution of Pakistan

 

 

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

(1)

A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-

(a)

he is of unsound mind and has been so declared by a competent court; or

(b)

he is an undischarged insolvent; or

(c)

he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d)

he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

(e)

he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(f)

being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

(g)

he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release; or

(h)

he has been, on conviction for any offence involving moral turpitude, senteced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or

(i)

he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or

(j)

he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or

(k)

he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l)

he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

Provided that the disqualification under this paragraph shall not apply to a person-

(i)

where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

(ii)

where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holding an office of profit under the company; or

(iii)

where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

Explanation.- In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.

(m)

he holds any office of profit in the service of Pakistan other than the following offices, namely :-

(i)

an office which is not whole time office remunerated either by salary or by fee;

(ii)

the office of Lumbardar, whether called by this or any other title;

(iii)

the Qaumi Razakars;

(iv)

any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(n)

he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or

(o)

he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or

(p)

he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.

 

(2)

If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Comission.

 

(3)

The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.

 

 

63A.

Disqualification on grounds of defection.

 

(1)

If a member of a Parliamentary Party composed of a single political party in a House-

(a)

resigns from membership of his political party or joins another Parliamentary Party; or

(b)

votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-

(i)

election of the Prime Minister or the Chief Minister; or

(ii)

a vote of confidence or a vote of no-confidence; or

(iii)

a Money Bill;

he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned:

Providedthat before making the declaration, the Head of the Parliamentary Party shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.

(2)

A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.

(3)

Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.

(4)

Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.

(5)

Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of the filing of the appeal.

(6)

Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(7)

For the purpose of this Article-

(a)

"House" means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be.

(b)

"Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.

 

 

 



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