[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if-
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or
(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release; or
h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or
i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or
j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or
k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or
(l) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:
Provided that the disqualification under this paragraph shall not apply to a person-
(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;
(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XL VII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or
(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest;
Explanation.–-In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation supply; or
(m) he holds any office of profit in the service of Pakistan other than the following offices, namely:-
(i) an office which is not whole time office remunerated either by salary or by fee;
(ii) the office of Lumbardar, whether called by this or any other title;
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or
(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or(p) he is for the time being disqualified from being elected or chosen as a member of a Majlis-e-Shoora (Parliament) or of Provincial Assembly under any law for the time being inforce.
Explanation.-For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.
(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission. .(3) The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.]
——————————————––
- Section 21 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 63, in its present form, (w.e.f.April 19, 2010), in place of the said Art., as substituted by item 16 of the RCO (P.O. 14 of 1985) in 1985 and amended by item 7 of the C.E.O. No. 24 of 2002 and Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, that read :
A[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).- (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament) if-
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an un-discharged insolvent; or
(c) he ceases to be a citizen ofPakistan, or acquires the citizenship of a foreign State; or
(d) he holds an office of profit in the service ofPakistanother than an office declared by law not to disqualify its holder; or
(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or
(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or
B[(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or
(i) he has been dismissed from the service of Pakistan or service of a
corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or
(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or]
(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or
(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or
(m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or
(n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:
Provided that the disqualification under this paragraph shall not apply to a person-
(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;
(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holding an office of profit under the company; or
(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or
Explanation.– In this Article “goods” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.
(o) he holds any office of profit in the service ofPakistanother than the following offices, namely:-
(i) an office which is not whole time office remunerated either by salary or by fee;
(ii) the office of Lumbardar, whether called by this or any other title;
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
C[(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or
(q) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or
(r) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers] D[; or]
D[(s) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.]
E[(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner.
(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by the Chief Election Commissioner.]A. Item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f.March 2, 1985), as amended by item 7 of the C.E.O. No. 24 of 2002 (w.e.f.August 21, 2002) and Art. 2(2) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002 (w.e.f.October 9, 2002), substituted Art. 63 in the form set out in note "A" to footnote 1, in place of the Art. as adopted in 1973, that read : " 63. Disqualifications for membership of Parliament.-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if- (a) he is of unsound mind and has been so declared by a competent court; or(b) he is an un-discharged insolvent; or
(c) he ceases to be a citizen ofPakistan, or acquires the citizenship of a foreign State; or
(d) he holds any office of profit in the service ofPakistanother than an office declared by law not to disqualify its holder; or
(e) he is so disqualified by Act of Parliament
(2) If any question arises whether a member of Parliament has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and if, the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.”
B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of paragraphs (h), (i) and (j) of clause (1) of Art. 63, (w.e.f. December 31, 2003). Item 7 of the schedule to C.E.O. No.24 of 2002 substituted the said paragraphs (h), (i) and (j) of Art. 63(1), in the form set out in note “B” to footnote 2, (w.e.f. August 21, 2002), in place of the said paragraphs, as inserted by item 16 of the schedule to RCO (P.O. No. 14 of 1985) (w.e.f. March 2, 1985), that read :
“(h) he has been, on conviction for any offence which in the opinion of the Chief Election Commissioner involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or
(i) he has been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or
(j) he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or”
C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the deletion by substitution of paragraph (p) of clause (1) of Art. 63 and addition of paragraphs (q) and (r) thereto, (w.e.f.December 31, 2003). Item 7 of the schedule to LFO (C.E.O. No. 24 of 2002), deleted by substitution the said paragraph (p) of Art. 63(1) and added the said paragraphs (q) and (r) thereto, in the form set out in note “C” to footnote 1, (w.e.f.August 21, 2002). Paragraph (p) of Art. 63(1) as inserted by Item 16 of the schedule to RCO (P.O. No. 14 of 1985), read:
“(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.”
Paragraphs (q) and (r) were deleted by substitution of Art. 63(1) by section 21 of the Constitution 18th Amendment Act, 2010 (10 of 2010), in the form set out in note “C” to footnote 1, (w.e.f.April 19, 2010).
D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the addition of paragraph (s) to clause (1) of Art. 63, (w.e.f. December 31, 2003). Art. 2(2) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted a semi colon and the word “or”, in place of the full stop at the end of paragraph (r) of clause (1) of Art. 63 and added the said paragraph (s) thereto, (w.e.f. October 9, 2002). Due to the deletion by substitution of paragraphs (p), (q) and (r) of Art. 63(1) by the substitution of said Art. by section 21 of the Constitution 18th Amendment Act, 2010 (10 of 2010), the said paragraph (s) has now been renumbered as paragraph (p) to Art. 63(1), (w.e.f.April 19, 2010).
E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), further validated the substitution of clause (2) of Art. 63 and addition of clause (3) thereto, (w.e.f.December 31, 2003). Item 7 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (2) of Art. 63 and added the said clause (3) thereto, in the form set out in note “E” to footnote 1, (w.e.f.August 21, 2002). Clause (2) as inserted by item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f.March 2, 1985), read:
“(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.”
Comparative Table of Article 63 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
103(2)
Constitution of Pakistan 1956 :
45
Constitution of India 1950:
102
Government of India Act 1935:
26
Leading & Latest Cases on Article 63 of the Constitution of Pakistan, 1973 :
P L D 1997 SC 32 SHAHID NABI MALIK AND ANOTHER CHIEF ELECTION COMMISSIONER, ISLAMABAD AND 7 OTHERS
P L D 2009 SC 644
FEDERATION OF PAKISTAN AND OTHERS
MIAN MUHAMMAD NAWAZ SHARIF AND 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
Dual Nationality Case (Detailed Judgment) Syed Mehmood Akhtar Naqvi Federation of Pakistan thr.
Secretary Law and others
SC Judgment on Challenging
the Constitution of Election Commission Dr. Muhammad Tahir-ul-Qadri The Federation of Pakistan