ZULFIQAR AHMED BHUTTA and 15 others vs FEDERATION OF PAKISTAN through Secretary Minister of Law, Justice and Parliamentary Affairs and others
These constitutional petitions challenged the validity of certain provisions of the Election Act, 2017, specifically concerning the eligibility of a political party head. The core legal question was whether a person disqualified from parliamentary membership under Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan, 1973, could legally hold the position of a political party head. The Supreme Court held that the Election Act, 2017 must be construed subject to the constitutional framework. The Court declared that any individual suffering from a lack of qualification under Article 62 or disqualification under Article 63 is debarred from holding the position of 'Party Head' and prohibited from exercising powers under Article 63-A. Consequently, all actions taken by a disqualified person in the capacity of Party Head were declared void, and the Election Commission was directed to remove the disqualified individual from party records. The judgment establishes the principle that the qualifications for parliamentary membership are essential prerequisites for holding the central role of a political party head, ensuring the integrity of the democratic process.
- Can a person disqualified under Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan, 1973, hold the position of a political party head?
- Are the provisions of the Election Act, 2017 subject to the qualifications and disqualifications prescribed by the Constitution of the Islamic Republic of Pakistan, 1973?
- What is the legal status of actions taken by a political party head after their disqualification from parliamentary membership?
- Preamble, Constitution of the Islamic Republic of Pakistan, 1973
- Article 17, Constitution of the Islamic Republic of Pakistan, 1973
- Article 62, Constitution of the Islamic Republic of Pakistan, 1973
- Article 63, Constitution of the Islamic Republic of Pakistan, 1973
- Article 63-A, Constitution of the Islamic Republic of Pakistan, 1973
- Section 203, Election Act, 2017
- Section 232, Election Act, 2017
SHORT ORDER MIAN SAQIB NISAR, C J.---The Preamble to the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) provides that, "sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust"; .... "wherein the State shall exercise its powers and authority through the chosen representatives of the people; wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed"; .... "wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality " .
2. Article 17 of the Constitution grants to every citizen the fundamental right to form associations subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order and/or morality.
3. An elected Parliament, adorned with the chosen representatives of people on the one hand and the rule of law on the other hand are the foundations of democracy under the Constitution. Articles 62, 63 and 63-A of the Constitution create an integrated framework for ensuring that business of the Parliament is conducted by persons of probity, integrity and high moral character. These conditions are enforced by Articles 62 and 63 of the Constitution by prescribing qualifications and disqualifications for membership to the Parliament.
4. All laws pertaining to the election to Parliament and to participation in the proceedings thereof are to be read subject to such constitutional provisions in the exercise of the rights guaranteed by Article 17 of the Constitution.
5. Under Article 63-A of the Constitution, the position of a Party Head of a political party that has representation in, inter alio, the Parliament has a central role in the performance of duties by the Members of the Parliament. For rendering such a role, a Party Head must necessarily possess the qualifications and be free of the disqualifications contemplated in Articles 62 and 63 of the Constitution.
6. The Election Act, 2017 empowers a Party Head to perform multifarious functions that have direct nexus with the process of elections to the Parliament and to matters relating to the affairs of political parties having parliamentary presence.
7. Therefore for detailed reasons to be recorded later, these Constitutional Petitions are allowed. It is held and declared that provisions of Sections 203 and 232 of the Election Act, 2017 are liable to be read, construed and interpreted subject to the provisions of Articles 62, 63 and 63-A of the Constitution.
8. As a consequence, 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.
9. As a result of the above declaration, all steps taken, orders passed, directions given and documents issued by Respondent No,4 as Party Head after his disqualification on 28.07.2017 are also declared to have never been taken, passed, given or issued in the eyes of the law. 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).