In a landmark decision with major political ramifications, Pakistan's Supreme Court has quashed the controversial practice of lifetime disqualification for politicians under Article 62(1)(f) of the Constitution. This ruling, delivered with a 6-1 majority, marks a significant shift in the country's political landscape and has sparked heated debate amongst citizens and analysts.
Previously, Article 62(1)(f) empowered the parliament to prescribe qualifications for contesting elections. A 2018 Supreme Court judgement interpreted this clause to imply lifetime disqualification for politicians deemed ineligible based on morality or integrity grounds. This decision raised concerns about potential abuse of power and its chilling effect on democratic participation, particularly impacting high-profile figures like former Prime Ministers Nawaz Sharif and Imran Khan.
- End of Lifetime Disqualification: The Court ruled that Article 62(1)(f) does not impose a permanent ban on holding public office. Instead, disqualified individuals can contest elections after a five-year period, aligning with the provisions of the Elections Act 2017.
- Upholding Constitutional Rights: The judgment emphasized the fundamental right of citizens to contest elections, stating that disqualifications under Article 62(1)(f) should be interpreted narrowly to avoid infringing upon this right.
- Dissenting Opinion: Justice Yahya Afridi dissented from the majority opinion, arguing that lifetime disqualification was crucial for maintaining the integrity of public office