Act/Law wise: Judgment of Supreme Court of Pakistan

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Constitution of Pakistan, 1973
Section/Order/Article/Rule/Regulation Head Note
Articles 62, 63 and 63-A

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

Article 62(1)(f)

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

Article 62(1)(f)

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

Article 62(1)(f)

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

Article 62(1)(f)

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

Article 63(1)(h)

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

Article 199

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

Article 212(3)

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

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