1. Relevant constitutional provisions

The membership of Parliament is governed by three constitutional provisions. Article 62 sets out the qualifications that a person must possess before they can be elected or chosen as a member of Majlis-e-Shoora. Article 63 lists the grounds on which a person is disqualified from membership. Article 63A, introduced through the 18th Constitutional Amendment 2010, deals with disqualification on grounds of defection from a political party.

2. Composition of Parliament

Under the 1973 Constitution, Parliament consists of the President and two Houses: the National Assembly and the Senate. Together they form Majlis-e-Shoora. The National Assembly is the lower house elected directly by the people, while the Senate is the upper house representing the federating units. The qualifications and disqualifications under Articles 62 and 63 apply to members of both Houses, though certain conditions differ between them.

3. Qualifications under Article 62

Article 62 lays down the minimum conditions that a candidate must satisfy to stand for election to Parliament. These conditions reflect both the democratic character and the Islamic identity of the Pakistani state.

A candidate must be a citizen of Pakistan. The age requirement differs between the two Houses: a candidate for the National Assembly must be at least twenty-five years old, while a candidate for the Senate must have reached the age of thirty. The higher age threshold for the Senate reflects its role as a deliberative chamber requiring greater maturity and experience.

The provision also requires that the candidate be of good character and not be commonly known as someone who violates Islamic injunctions. They must have adequate knowledge of Islamic teachings, including the obligatory duties prescribed by Islam and the avoidance of major sins. These requirements must be read in the context of Pakistan’s constitutional identity as an Islamic republic.

A candidate must also not have worked against the integrity of Pakistan or opposed the ideology of Pakistan at any point after the country’s establishment. This condition is aimed at ensuring that the legislature is composed of persons committed to the constitutional foundations of the state.

4. The concept of Sadiq and Ameen

The requirement that a candidate be sagacious, righteous, non-profligate, honest, and Ameen has attracted more judicial attention than any other qualification under Article 62. These terms are derived from Islamic legal and ethical tradition. Sadiq means truthful, and Ameen means trustworthy. Together they capture the idea that a representative of the people must be a person of integrity in both private conduct and public life.

The superior courts of Pakistan have interpreted these terms broadly. In landmark cases, the Supreme Court held that a person who conceals assets, makes false declarations in nomination papers, or is found to have been dishonest in any material respect fails the Sadiq and Ameen standard. The declaration “there being no declaration to the contrary by a court of law” is significant: it makes judicial pronouncement the formal mechanism for enforcing this qualification.

5. Disqualifications under Article 63

Where Article 62 tells us who may stand for Parliament, Article 63 tells us who may not. The disqualifications it sets out are specific and exhaustive. A person falling within any of these categories is barred from election and from continuing to hold a seat if the disqualification arises after election.

A person of unsound mind, declared so by a competent court, is disqualified. So is an undischarged insolvent, meaning someone who has been declared bankrupt and has not yet been formally discharged from that status. Ceasing to be a citizen of Pakistan or acquiring the citizenship of a foreign state also results in immediate disqualification, as membership of Parliament is a privilege reserved for Pakistani citizens alone.

Holding an office of profit in the service of Pakistan disqualifies a person unless the law has specifically declared that particular office not to be a disqualifying one. Similarly, serving in any statutory body or any body owned or controlled by the government, or in which the government has a controlling interest, results in disqualification. These conditions prevent the blurring of lines between the executive and the legislature.

Conviction by a court of competent jurisdiction for propagating opinions or acting in a manner prejudicial to the ideology of Pakistan, its sovereignty, integrity, or security, or for defaming the judiciary or armed forces, results in disqualification unless five years have passed since the person’s release. A conviction for any offense involving moral turpitude, where the sentence is imprisonment for two years or more, also disqualifies a person for five years after release.

Dismissal from government service on grounds of misconduct disqualifies a person for five years from the date of dismissal. Removal or compulsory retirement from service on grounds of misconduct carries a shorter bar of three years. A member of a Hindu undivided family who holds any share or interest in a contract with the government for supply of goods or services is also disqualified under Article 63.

6. Procedure for deciding disqualification

If a question arises whether a sitting member has become disqualified, the Speaker of the National Assembly or the Chairman of the Senate must refer the matter to the Election Commission of Pakistan within thirty days. If they fail to do so within this period, the referral is deemed to have been made automatically.

The Election Commission must decide the question within ninety days of receiving the reference. If the Commission concludes that the member has become disqualified, the member ceases to hold their seat and it falls vacant. This procedure ensures that disqualification decisions are made by an independent constitutional body rather than by the House itself, reducing the scope for political manipulation.

7. Disqualification on grounds of defection (Article 63A)

Article 63A was inserted through the 18th Constitutional Amendment 2010 to address the longstanding problem of floor-crossing, where elected members switch parties or vote against their party’s direction to serve personal interests. It came into effect from the general elections held after the commencement of that Amendment.

Under Article 63A, a member of a parliamentary party composed of a single political party may be declared to have defected if they resign from their party’s membership, join another parliamentary party, or vote or abstain from voting contrary to the direction of their parliamentary party in specified votes. These specified votes cover the election of the Prime Minister or Chief Minister, a vote of confidence or no-confidence, a Money Bill, and a Constitution Amendment Bill. These are the votes that matter most to the stability of government, which is why defection on these occasions carries the severest consequence.

The process begins when the party head issues a written declaration of defection and forwards it to the Presiding Officer of the House. The Presiding Officer must refer the declaration to the Chief Election Commissioner within two days. The Election Commission then has thirty days to confirm or reject the declaration. If confirmed, the member loses their seat immediately.

Any party aggrieved by the Election Commission’s decision may appeal to the Supreme Court within thirty days. The Supreme Court is required to decide the appeal within ninety days of filing.

8. Past exam questions and answers