MUHAMMAD NASIR MAHMOOD Versus FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Human Rights Division, Islamabad Kamran Murtaza , Raja Niaz Ahmed Rathore

This petition under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, challenged the constitutional validity of the 'graduation requirement' for candidates seeking election to the Majlis-e-Shoora (Parliament) or Provincial Assemblies. The core legal question was whether the statutory requirement mandating a bachelor's degree for election candidates violated the fundamental rights guaranteed under the Constitution. The Supreme Court of Pakistan allowed the petition, declaring that Article 8-A of the Conduct of General Elections Order, 2002, and section 99(1)(cc) of the Representation of the People Act, 1976, were inconsistent with Articles 17 and 25 of the Constitution. Consequently, the Court held these provisions to be void prospectively. The judgment establishes the principle that imposing an educational qualification of a bachelor's degree as a prerequisite for contesting elections infringes upon the constitutional rights of citizens regarding political participation and equality before the law, rendering such restrictive provisions unconstitutional.