Articles 62, 63 and 63-A
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The Constitution of Pakistan, 1973
Articles 62, 63 and 63-A read with
The Election Act, 2017
Sections 203 and 232
Business of the Parliament is conducted by persons of probity, integrity
and high moral character–
It is declared that any person who suffers from lack of qualification under
Article 62 or disqualification under Article 63 of the Constitution is
debarred from holding the position of ‘Party Head’ by whatever name
called and prohibited from exercising any of the powers provided in Article
63-A of the Constitution, as ‘Party Head’ or any other power in the
said capacity under any law, rule, regulation, statute, instrument or
document of any political party. Such bar and prohibition shall commence
from the date of disqualification and continue till such time that the lack
of qualification/disqualification of such person continues in terms of the
provisions of Articles 62 and 63 of the Constitution. The Election
Commission of Pakistan is accordingly directed to remove the name of
Respondent No.4 (Mian Muhammad Nawaz Sharif) as President/Party Head of
Respondent No.3 (Pakistan Muslim League (N) from all relevant record(s).
.....Zulfiqar Ahmed Bhutta =VS= Federation of Pakistan, (Civil), 2018 (1)
[4 LM (SC) 174] ....View Full Judgment
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Article 62(1)(f)
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Article 62(1)(f) of the Constitution also imposes Islamic ethical
conditions for eligibility of a candidate for election to Parliament but
these are made applicable to both Muslim as well as non-Muslim candidates
for Parliamentary membership. One reason that the conditions of Article
62(1)(f) are made a criterion of eligibility of all candidates for election
is the universality of their ethical prescription. Their content
constitutes a basic norm in all progressive democratic societies that are
governed by the rule of law. It is a matter of fact that in Pakistan the
members of Parliament occupy leadership roles for the people of Pakistan
and constitute the political and ruling elite in society. According to the
Preamble of the Constitution, these persons are representatives of the
people of Pakistan to whom the former are ultimately responsible as
fiduciaries. .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil),
2018 (1) [4 LM (SC) 142] ....View Full Judgment
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Article 62(1)(f)
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The Constitution of Pakistan, 1973
Article 62(1)(f) read with
The Holy Qur’an
Surah Al-Ahzab Ayat 21 (33:21)
Surah Al-Ahzab Ayat 21 (33:21) in the Holy Qur’an as follows:
“Indeed in the Messenger of Allah (Muhammad SAW) you have a good example
to follow for him who hopes in (the Meeting with) Allah and the Last Day
and remembers Allah much.” The qualities of sagacity, righteousness,
honesty and trustworthiness laid down in Article 62(1)(f) of the
Constitution as qualifications for membership to the elected Houses are
actually derived from the Sunnah of the Holy Prophet Muhammad (PBUH).
.....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4
LM (SC) 142] ....View Full Judgment
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Article 62(1)(f)
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The restriction imposed by Article 62(1)(f) of the Constitution for the
eligibility of a candidate for election to Parliament serves the public
need and public interest for honest, upright, truthful, trustworthy and
prudent elected representatives. The judicial mechanism in Article 62(1)(f)
of the Constitution grants a fair opportunity and adequate remedy for
relief to a candidate under challenge to vindicate himself. Therefore, the
permanent incapacity of a candidate for election under Article 62(1)(f) of
the Constitution is not an arbitrary, excessive or unreasonable curtailment
of his fundamental right under Article 17(2) of the Constitution. We are
inclined to hold that the incapacity created for failing to meet the
qualifications under Article 62(1)(f) of the Constitution imposes a
permanent bar which remains in effect so long as the declaratory judgment
supporting the conclusion of one of the delinquent kinds of conduct under
Article 62(1)(f) of the Constitution remains in effect. .....Sami Ullah
Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment
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Article 62(1)(f)
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Qualified to be a Member of Majlis-e-Shoora (Parliament)–
However, Article 62(1)(f) of the Constitution is required to be interpreted
as it stands today. A plain reading of Article 62(1)(f) of the Constitution
reveals that in order to be a Member of Majlis-e-Shoora (Parliament), the
person must be, inter alia, sagacious, righteous, non-profligate, honest,
and ameen. However, if there is a declaration by a Court of Law to the
contrary i.e. he is not sagacious or righteous or non-profligate, honest,
and ameen then such person shall not be qualified to be a Member of
Majlis-e-Shoora (Parliament). (Sh. Azmat Saeed, J) .....Sami Ullah Baloch
=VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment
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Article 63(1)(h)
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Disqualified to be a Member of Majlis-e-Shoora (Parliament)–
Permanent ineligibility under Article 62(1)(f) of the Constitution
reference has been made to the constitutional disqualification to contest
an election to a seat in Parliament on account of a conviction and sentence
for commission of any offence involving moral turpitude. The provisions of
Article 63(1)(h) of the Constitution lay down this disqualification in the
following terms:
“63. (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) …
(b) …
(c) …
(d) …
(e) …
(f) …
(g) …
(h) he has been, on conviction for any offence involving moral turpitude,
sentenced to imprisonment for a term of not less than two years, unless a
period of five years has elapsed since his release; or …” [emphasis
supplied] .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil),
2018 (1) [4 LM (SC) 142] ....View Full Judgment
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Article 199
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Master and Servant–
Where conditions of service of employees are not regulated by a statutory
provision then such employees are to be governed by the principle of
“Master and Servant”. As the terms and conditions of employment in PIAC
are admittedly not governed by any statutory provision and the employees
are amenable to the Rule of “Master and Servant”, Article 199 of the
Constitution of Pakistan 1973 cannot be invoked. We find no legal
justification to interfere in the impugned judgment. This appeal is,
therefore, dismissed. ...Pakistan Airline Pilots Association=VS=Pakistan
International Airline, (Civil), 2019 (1) [6 LM (SC) 152] ....View Full Judgment
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Article 212(3)
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Up-gradation in distinct from the expression promotion–
The Service Tribunals have no jurisdiction to entertain any appeal
involving the issue of upgradation, as it does not form part of the terms
and conditions of service of the civil servants. .....Income Tax
Commissioner =VS= Syed Munawar Ali (Civil), 2016-[1 LM (SC) 643] ....View Full Judgment
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Pakistan Supreme Court is empowered to interpret the Constitution but not
to amend it–
No doubt the period of disqualification in certain sub-Articles of Article
63 of the Constitution has been provided but such a sunset clause is not
found in Article 62(1)(f) of the Constitution. The framers of the
Constitution chose not to do so. This Court is empowered to interpret the
Constitution but not to amend it. It is an equally elemental principle of
interpretation of the Constitution that nothing can be added thereto. (Sh.
Azmat Saeed, J) .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani,
(Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment
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