INTRODUCTION
Members of parliament (MPs) are elected representatives who make and pass laws, represent constituents, debate policies, oversee government actions, and participate in legislative processes, ensuring checks and balances in the democratic governance of a country.
COMPOSITION OF PARLIAMENT
There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and Houses to be known as the National Assembly and Senate۔
RELEVANT PROVISIONS
Articles 62, 63, and 63A of the 1973 Constitution of Pakistan deal with the Qualification and Disqualification of Members of Parliament.
QUALIFICATIONS OF THE MEMBER OF PARLIAMENT
A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
Citizen: He must be a citizen of Pakistan.
Age in case of National Assembly: He is, in the case of the National Assembly, not less than twenty-five years of age.
Age in the case of the Senate: He is, in the case of the Senate, not less than thirty years of age.
Good Character: He is of good character and is not commonly known as one who violates Islamic Injunctions.
Knowledge of Islamic teachings: He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstaining from major sins.
Honest and Ameen: He is sagacious, righteous and non- profligate, honest, and Ameen, there being no declaration to the contrary by a court of law.
Not against the integrity and ideology of Pakistan: He has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.
Also Read: What is Free Consent?
DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT
A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if
Unsound Mind: He is of unsound mind and has been so declared by a competent court.
Undischarged Insolvent: He is an undischarged insolvent.
Ceases to be a Pakistani citizen: He ceases to be a citizen of Pakistan or acquires the citizenship of a foreign State.
Holds an office of profit in the service of Pakistan: He holds an office of profit in the service of Pakistan other than an office declared by law (d) not to disqualify its holder.
Service of any statutory body: He is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest.
Disqualified in Azad Jammu and Kashmir: Being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act. 1951 (II of 1951), he is for the time disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir.
Conviction by a competent court: He has been convicted by a court of competent jurisdiction for propagating any opinion or acting in any manner, prejudicial to the ideology of Pakistan, the sovereignty, integrity, or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release.
Conviction in moral offense: He has been, on conviction for any offense 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.
Dismissed from the service: He has been dismissed from the service of Pakistan or the service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government, or Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal.
Removed or compulsorily retired: He has been removed or compulsorily retired from the service of Pakistan or the service of a corporation or office set up or controlled by the Federal Government, Provincial Government, or a Local Government on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement.
Member of a Hindu undivided family: He, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by Government.
Question of disqualification to the Election Commission: If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.
Election Commission decides the question of disqualification: The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.
DISQUALIFICATIONS ON GROUNDS OF DEFECTION
1. Member of a single Political Party:
If a member of a Parliamentary Party composed of a single political party in a House,
(a) Resigns from membership of his political party or joins another Parliamentary Party, or
(b) Votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to,
-
- the election of the Prime Minister or the Chief Minister, or
- a vote of confidence or a vote of no confidence, or
- a Money Bill or a Constitution (Amendment) Bill
he may be declared in writing by the Party Head to have defected from the political party. and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned.
2. Nominee or Candidate
A member of a House shall be deemed to be a member of a Parliamentary Party. If he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or having been elected otherwise than as a candidate or nominee of a political party has become a member of such Parliamentary Party after such election by means of a declaration in writing.
3. Presiding Officer refers the Declaration:
Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner
4. Election Commission Confirms the Declaration:
Where the Election Commission confirms the declaration the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.
5. Appeal of Aggrieved Party:
Any party aggrieved by the decision of the Election Commission may within thirty days prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal.
APPLICATION OF ARTICLE 63A
Article 63A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act 2010.
NON-APPLICATION OF ARTICLE 63A
Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
CONCLUSION
It is concluded that in order to become a member of the Parliament a person must possess all the qualifications as mentioned in the constitution of Pakistan. Any disqualification may deprive him of membership in the Parliament.
FAQs
Discuss the qualifications/disqualifications of members of Majlis-e. Shoora highlights the importance of the concept of Sadiq & Ameen provided under Articles 62 & 63 of the Constitution of Pakistan, 1973.
(2018-A)
Enumerate the qualification and disqualification of the members of Parliament (Majlis-e-Shoora) in the light of Articles 62 and 63 of the 1973 Constitution.
(2017-A, 2016-A)
Discuss in detail the qualification and disqualification of the members of Majlis-e-Shoora (Parliament).
(2015-A)
Discuss the disqualifications for the membership of the Parliament as incorporated in Article 63 of the Constitution.
(2013-S)
Discuss Article 62 of the Constitution regarding qualifications for its membership.
(2013-A)
