Amendment to Election Act: Attempt to pave way for Nawaz’s participation in elections?

• Earlier, two attempts to reverse lifetime disqualification failed.
• Ruling alliance sources claim lifetime disqualification unfair.
• Amendment is being touted as not person-specific legislation.

ISLAMABAD: The ruling coalition has once again passed legislation to ensure no parliamentarian is disqualified for lifetime under Article 62 of the Constitution.

The opposition parties have termed it an attempt to ensure Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif’s participation in the upcoming elections.

The earlier two attempts to reverse lifetime disqualification of a person have failed, as the Supreme Court is hearing two legislations, including “The Supreme Court Review of Judgments and Orders Bill 2023” and the law to limit the Chief Justice’s powers.

These legislations were also termed attempts to reverse Nawaz’s lifetime disqualification. However, how the apex court will react to the current legislation of amending the Election Act to limit the disqualification period is yet to be seen.

The sources in the ruling coalition claimed it is unfair for the parliamentarians who have been disqualified for a lifetime under Article 62 of the Constitution. 

There was an ambiguity, and the parliament has now removed it by limiting the disqualification period to five years, they said.

When asked whether the Supreme Court can take notice of this legislation, the sources claimed: “The parliament is supreme and it has the right to legislate and remove any ambiguity if there is any in a law or act. This was due, and it should have been done a long time ago."

When asked whether this legislation has been introduced to ensure the participation of Nawaz in the upcoming elections, the sources said it is not just for the PML-N supremo only. 

In future, if any leader is disqualified, they too will be the beneficiary of it, as this is not a person-specific legislation, the sources said.

According to the amendment to the Elections Bill 2023, a copy of which is available with The News, an amendment to Section 232 (qualification, disqualification) of the Election Act 2017 has been added which reads: “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”.

The amendment further adds: “The procedure, manner and duration of disqualifications and qualifications shall be such as specifically provided for in the relevant provisions of Article 63 of the Constitution and where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply”.