[62. Qualifications for membership of Majlis-e-Shoora (Parliament).-(l) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty- five years of age and is enrolled as a voter in any -electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for a non-Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.
(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital 2[****], from where he seeks membership;(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as well abstains from major sins;
(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and
(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.]
Section 20 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 62, in its present form, (w.e.f. April 19, 2010), in place of the said Art. as substituted by item 16 of the RCO in 1985 and amended by item 6 of the C.E.O. No. 24 of 2002, that read :
A[62. Qualifications for membership of Majlis-e-Shoora (Parliament).-A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
(a) he is a citizen of Pakistan;B[(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which he seeks membership for election to a seat reserved for women.](c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins;
(f) he is sagacious, righteous and non-profligate and honest and ameen;
(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;
(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan;
Provided that the disqualification specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and
(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).
A. Item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f. March 2, 1985), as amended by item 6 of the LFO, 2002 (w.e.f. August 21, 2002), substituted Art. 62 in the form set out in note “A” to footnote 2, in place of the said Art. as adopted in 1973, that read :
"62. Qualifications for membership of Parliament.- A person shall not be qualified to be elected or chosen as a member of Parliament unless:(a) he is a citizen of Pakistan,
(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll for election to that Assembly;
(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership; and
(d) he possess such other qualifications as may be prescribed by Act of Parliament.”
B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of paragraph (b) of clause (1) of Art. 62, (w.e.f. December 31, 2003). Due to the introduction of the system of joint electorate, item 6 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said paragraph (b) of clause (1) of Art. 62, in the form set out in note “B” to footnote 2, (w.e.f. August 21, 2002) and reinserted in its present form, by the Constitution 18th Amendment, Act, 2010 (10 of 2010, in place of the said paragraph as substituted by item 16 of the schedule to RCO (P.O. No. 14 of 1985) (w.e.f. March 2, 1985). Paragraph (b) of clause (1) of Art. 62, deleted by substitution, read :
"(b) he is, in the case of National Assembly, not less then twenty-five years of age and is enrolled as a voter in any electoral roll for election to a Muslim seat, or a non-Muslim seat as the case may be, in that Assembly;"- Section 5 of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), omitted the words, “or the Federally Administered Tribal Areas” , in paragraph (c) of clause (1) of Art. 62, (w.e.f. June 4, 2018).
Comparative Table of Article 62 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
103
Constitution of Pakistan 1956 :
45
Constitution of India 1950:
84
Government of India Act 1935:
Leading & Latest Cases on Article 62 of the Constitution of Pakistan, 1973 :
P L D 1997 SC 84
AL-JEHAD TRUST THROUGH RAEES-UL-MUJAHIDIN HABIB AL-WAHABUL KHAIRI,
FEDERATION OF PAKISTAN
P L D 1998 LAHORE 414 MUHAMMAD RAFIQ TARAR MR. JUSTICE MUKHTAR AHMED JUNEJO, ACTING CHIEF ELECTION
P L D 1998 LAHORE 461
MUHAMMAD RAFIQ TARRAR
Justice MUKHTAR AHMED JUNEJO, acting chief election commissioner
1999 SCMR 573 SHEIKH RAFIQUE AHMED ZIA SHAHID AND ANOTHER
2008 YLR 2386
BHATTI
RETURNING OFFICER AND 2 OTHERS
P L D 2009 SC 284 FEDERATION OF PAKISTAN AND OTHERS MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
Order in implementation of NRO Case
Adnan A. Khawaja
The State
P L D 2013 SC 179 MALIK IQBAL AHMAD LANGRIAL JAMSHED ALAM AND OTHERS