Disqualification for membership of Parliament

Article 63 gives the criteria for disqualification from membership of Majlis-e-Shura and Article 62 of the Constitution gives the qualification for being elected as a member of Majlis-e-Shura. When the candidates file their nomination papers, these qualifications may be considered by the returning officer and, subject to appeal, the candidate who does not fulfil these qualifications may be refused to participate in the elections. There may be hardly a single instance where a returning officer has refused to accept nomination papers. Section 152 of the Local Government Election Order 2000 also provides qualification for candidates and elected members. As a matter of fact the criteria set out in Article 62 of the Constitution of Islamic Republic of Pakistan and Section 152 of the Local Government Election Order 2000 can hardly be met with by an ordinary human being. There might be a slightest possiblity to search out such a fine and spotless personality which will match the criteria set out in the said provisions of law.

Disqualification for membership of Parliament

The rational of a law is that it must be obeyed in verbatum and not at the mercy and choice of persons who are subject to law. If a law is not to be respected there is no rhyme or reason to enact such sort of laws. In different cases decided by superior courts in different times one can safely comment that the superior judiciary has tried its level best to decide the matters with rationality as far as practicable. It is also a matter of great importance that moral turpitude is a vast terminalogy which carries many meanings and the same can be used and utilized in different ways and manners. In different reported cases such like PLD 1963 Lahore 601, KLR 1983 Civil Cases 387, the conditions for moral turpitude have been discussed at some great length. Moral turpitude and conviction under various sections of PPC have been differentiated and distinguished at some great length as well.

Disqualification for membership of Parliament

The expression moral turpitude implies any thing done contrary to justice, honesty, principle, or the good morals and act of baseness, vileness, or depravity in the private and social duties which a man ows to his fellow men or to society in general contrary to the accepted and established rule of right and duty between man and man. This vast explained position will demonstrate that how far this provision of law is applicable in Pakistan. With all humbleness and sincerity can some body coach and guide us as to how one can find such a personality who can ably fulfil the criteria of this word ("Moral Turpitude") only? For ready reference please also see Black's Law Dictionary Sixth Edition Page 190. Morality is one of the key words which has been used. It is a matter of great concern and regret that in the prevelant society how far we beleive in morality and moral values. The Prophet Muhammad (pbuh) has emphasized and explained in his sayings the morality in its true prospective. The companions of prophet (pbuh) at many times have questioned the apostle (pbuh) that the criterial set out by Allah almighty in respect of morality can only be achieved by adopting the teachings of holy Quran and Sunnah of Prophet (pbuh) in its true prospective rather in verbatum. The Society has been segregated in so many ways that the teachings of Prophet (pbuh) have been abandoned or kept aside resultantly the morality has lost its meaning or has its differnet meanings than what has been given by Sharia.