• Constitutional Law Notes

• Prepared by : Maaz Ur Rahman PSP

• Q---Article 62, 63 create constitutional
uncertainty and obscurity , agree? Discuss in
the light of Superior Judiciary in contemporary
era?
• Q---There are certain provisions just to adorn
legislation but far from being practiced,
discuss?
 Article 62,63
•Introduction
•Constitutional Provisions
•Who introduced these Articles? ---- Revival of
the Constitution Order 1985 brought about a
large number of qualification and disqualification–
previously qualification requirement included
citizenship and minimum age and disqualification
included insanity, insolvency ,termination of
citizenship and holding of office of profit in
service of Pakistan
• Purpose behind their insertions in
Constitution --- prosecute political opponents

• Negative Implications

• Subjectivity of The Content

 Negative Implications
Constitutional Uncertainty and Obscurity
• Disqualification would be permanent,62(f) ---
against Freedom of association ,Article 17----
Nawaz Sharif , Jahangir Tareen
• May be disproportionate and little harsh–
parliament to decide
• Disqualification of temporary nature 63– Abdul
Ghafoor lehri case ,ex-PM Yousuf Raza
Gilani ,Jamshid Dasthi
• Critical of ambiguity while the purpose of
constitution is certainty and clarity in respect of
matters
• Distinction between disqualification and
qualification is illusory –not need two separate list
• Subjective assessment – what proof before
returning officer and Election Tribunal for
nomination ,
• commonly known that following Islamic injunctions
• have Islamic knowledge –dua-e-qunoot vs Jame-a-
Azhar scholar
• Do Obligatory duties ---- nimaz , hajj
• Major sins --- Gunah-e-Kabeera or Hadd is
enforcable
• Abstain --- throughout his life or after
nomination
• Sagacious , righteous , non-profligate
• Honest and Ameen traits of Holy Prophet
(saww)
• Constitution not be idealistic but more
practicle
• No Yardstick for judgment

• Need for Amendments -- transform

subjectivity to objectivity

• Follow American model

• Critical Analysis

• Conclusion