NA adopts bill limiting disqualification of lawmakers to five years

The National Assembly on Sunday adopted a bill seeking an amendment to the Elections Act 2017, aimed at limiting the disqualification of lawmakers to five years with retrospective effect, Aaj Newes reported.

The Senate had already passed the Act — titled Elections (Amendment) Bill 2023 — on June 16.

Finance Minister Ishaq Dar presented the bill in the National Assembly, which will come into effect immediately.

The bill proposes amendments under Article 62(f) of the Constitution, which states: “A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.”

Disqualification of lawmakers

The bill includes an amendment to Section 232 (Disqualification on account of offences) of the Election Act, 2017.

“Notwithstanding anything contained in any other provision of this Act, any other law for the time being in force and judgment, order 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 Parliament or provincial assembly under paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration of the court of law in that regard and such declaration shall be subject to the due process of law,” it stated.

The amendment added that the procedure, manner, and duration of disqualifications and qualifications should be as specifically provided for in relevant provisions of Articles 62 (qualifications for membership of Parliament) and 63 (disqualifications for membership of Parliament) of the Constitution.

“Where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply,” it added.

Power to announce poll dates unilaterally

Moreover, amendments have been proposed to Sections 57(1) (notification of election programme) and 58 (notification of election programme) of the Elections Act to empower the ECP to announce election dates unilaterally without having to consult the president. They are as follows:

Section 57(1): The commission shall announce the date or dates of the general elections by notification in the official gazette and shall call upon the constituencies to elect their representatives.

Section 58: Notwithstanding anything contained in Section 57, the commission may at any time after the issuance of notification under subsection (1) of that section make such alterations in the election programme announced in that notification for the different stages of the election or may issue a fresh election programme with the fresh poll date(s) as may in its opinion to be recorded in writing be necessary for the purposes of this act.