Muhammad Nasir Mahmood And Another vs Federation Of Pakistan Through Secretary Ministry Of Law, Justice And Human Rights Division, Islamabad

This matter came before the Supreme Court of Pakistan through a constitutional petition under Article 184(3) of the Constitution of the Islamic Republic of Pakistan 1973, challenging the graduation requirement for candidates contesting elections. The core legal question was whether the requirement of holding a bachelor's degree to be qualified for election as a member of Parliament or a Provincial Assembly infringes upon fundamental rights. The Court allowed the petition, holding that sub-section (1) of Section 99 of the Representation of the People Act, 1976 and Article 8A of the Conduct of General Elections Order, 2002, which mandate a graduation degree, are inconsistent with Articles 17 and 25 of the Constitution. Consequently, the Court declared these provisions void prospectively. The key principle laid down is that electoral qualification restrictions requiring a specific educational degree that disproportionately bar citizens from contesting elections violate the fundamental rights relating to freedom of association and equality before the law.