AMENDMENT IN THE PRESIDENTIAL ELECTION RULES, 1988—CLARIFICATION BY THE ELECTION COMMISSION OF PAKISTAN
Islamabad, the 17th September, 2007.- In the wake of divergent views being expressed in the Press about the Amendment in the Presidential Election Rules, 1988, the Chief Election Commissioner of Pakistan has been pleased to clarify that Article 41(2) of the Constitution of the Islamic Republic of Pakistan, 1973 provides that: “A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.”
2. Attention in this respect is invited to the decision of the Supreme Court of Pakistan in the case reported as “Pakistan Lawyers Forum and others v. Federation of Pakistan and others” (PLJ 2005 SC 1241) wherein a five-member Bench of the Apex Court, following the dictum laid down in the case of “Qazi Hussain Ahmed v. General Pervaiz Musharraf, Chief Executive and another” (PLD 2002 SC 853), has held that the President is only required to be qualified to be a member of Parliament as provided by Article 62 and is consequently not hit by the disqualifications contained in Article 63 of the Constitution.
3. In view of the provisions of Article 41(2) of the Constitution and in the light of observations made in the above said Judgments of the Apex Court, clause (a) to sub-rule (3) of Rule 5 of the Presidential Election Rules, 1988 was required to be amended so as to exclude from it the words: “or is subject to any disqualification from being elected as, and from being, a member of the National Assembly” occurring therein, with a view to bring it in conformity with the provisions of Article 41(2) ibid and the decisions of the Apex Court referred to above.
4. Therefore, in exercise of the powers under paragraph 22 of the Second Schedule to the Constitution of the Islamic Republic of Pakistan, the Chief Election Commissioner of Pakistan has made the requisite amendment, with the approval of the President, in clause (a) to sub-rule (3) of Rule 5 of the Presidential Election Rules, 1988, which relates to discretionary summary inquiry to be conducted at the time of scrutiny of nomination papers.
5. It may be further clarified that the aforementioned Rule has only been updated and is not person specific. It will apply to all the Presidential Candidates at the time of scrutiny of the nomination papers which will be conducted strictly on merits.