Pakistan National Assembly Modifies Law Regarding Duration Of Lawmakers Disqualification

The National Assembly of Pakistan recently made an amendment to a law that previously limited the disqualification of parliamentarians to a maximum of 5 years.

This development opens the way for individuals who had been banned for life from participating in public office.

Among those who will benefit from this amendment are Nawaz Sharif, the leader of the Pakistan Muslim League-Nawaz (PML-N), and Jahangir Khan Tareen, the chief of the Istehkam-e-Pakistan Party (IPP). Both Sharif and Tareen were disqualified by the Pakistan Supreme Court in June and December 2017, respectively, after being found “dishonest” under Article 62(1)(f) of the Constitution.

Earlier this month, the bill seeking amendments to Section 232 (Qualifications and Disqualifications) of the Election Act, 2017, was approved by Pakistan’s Senate, which serves as the upper house of the parliament.

The bill states, “Notwithstanding anything contained in any other provisions of this Act, any other law for the time being in force and Judgment, orders or decree of any court, including the Supreme Court and a High Court, the disqualification of a person to be elected, chosen, or to remain as a member of the Majlis-e-Shoora (Parliament) of 9 Provincial Assembly under Paragraph (1) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration by the court of law in that regard and such declaration shall be subject to the due process of law.”

With President Arif Alvi currently out of the country for Hajj, Senate Chairman Sadiq Sanjrani has assumed the role of acting President, and it is anticipated that the bill under discussion may soon be approved, as per the report.

According to the report, in another development, the Pakistan National Assembly has passed an additional amendment to the law, granting the Election Commission of Pakistan (ECP) the authority to independently announce election dates without requiring the President’s approval.

Under the new legislation, the ECP is also empowered to modify the election schedule after its announcement, provided that such changes are communicated in writing.

It is worth noting that the Pakistan Democratic Movement (PDM) had previously made two unsuccessful attempts to revoke the lifetime disqualification of parliamentarians, as reported by Geo News, citing The News International. These attempts included the introduction of the Supreme Court Review of Judgments and Orders Bill 2023 and a law aimed at limiting the chief justice’s powers, both of which were subsequently challenged in the highest court.