M RAFIQUE GORAYA

LAHORE: Any amendment to Articles 62 and 63 of the Constitution that stipulate qualifications and disqualifications for being member of the Senate, National Assembly or provincial assemblies with or without retrospective can be challenged on solid grounds in the courts for Parliament cannot enact any law which is repugnant to injunctions of Islam under Article 227 of Constitution, an eminent jurists of the country told Business Recorder on Tuesday.

Article 227 (Provisions relating to the Holy Quran and Sunnah} ordains that all existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.

It may be recalled that the disqualified Prime Minister Nawaz Sharif under Article 63 of the constitution for not being Ameen and Sidiq (Truthful) by the Supreme Court in the Panama case is endeavouring to bring about an amendment in the constitution with retrospect affect to pave way for his come back in power politics and nullify the affect of the courts judgment.

Whereas Articles 62 says that a person shall not be qualified to be elected or chosen as a member of Parliament unless:- ((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.

Article 63 disqualifies a person to be elected as member of Parliament if (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 [(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.

Talking to this scribe former Law Minister Dr. Khalid Ranjha said that PML-N does not have the required two/third majority in the National Assembly and Senate to pass on its own any amendment to Article 62 and 63. However it can do so even with retrospective affect with cooperation ,of PPP which would be ready to use it as a bargain chip to get maximum political mileage and monetary benefits from Mian Nawaz Sharif who surely is willing to pay any price for his come back to the luxurious business of power politics.

Prominent jurist and MQM Senator Farogh Nadeem said that his party would vehemently oppose any amendment to Articles 62 and 63 in order to promote unity and the observance of the Islamic moral standards in politics and public service. Even if PML-N and PPP jointly amend these Articles with or without retrospect, petitions will be filed in the courts for striking down these amendments.

Opposition leader in the Senate and senior PPP leader Ch. Aitezaz Ahasan has clarified that PPP will not initiate any kind of dialogue with the PML-N government and will not support the government to amend the Articles 62, 63 of the Constitution for benefiting one person.

He recalled that during preparation of 18th Amendment to Constitution in 2010, PPP had proposed to PML-N to amend these Articles but Mian Nawaz Sharif was only interested in removing the bar placed by General Musharraf (retd) on becoming third time Prime Minister /or Chief Minister.

He said PPP would be open to any discussion about bringing amendment to these articles only after the 2018 general elections but for the time being PPP is not inclined to provide any relief to Mian Nawaz Sharif.

Aitezaz bitterly criticized PML-N’s disqualified leader and alleged that he had always been conspiring against the other constitutional institutions. He conspired against late Prime Minister Muhammad Khan Junejo, late Presidents Ghulam Ishaq Khan, Farooq Ahmad Khan Leghari, Prime Minister Benazir Bhutto Shaheed, late Chief Justice of Pakistan Justice Sajjad Ali Shah, late Chief of Army Staff General Asif Nawaz Janjua, General Kakar and Gen Pervez Musharraf. He said PPP leadership would think twice before having any dialogue with Nawaz.

Ahamd Raza Kasuri who was member of the Constituent Assembly told this scribe that no amendment can be made to the basic structure of 1973 Constitution which states (a) Pakistan is an Islamic Republic and a Federation, (B) it is by-cameral (Senate and National Assembly), (C) its form of government is parliamentary (D) it ensures independence of Judiciary and basic human rights (e) No law can be enacted against teachings of Quran and Sunnah.

He pointed out that the Supreme Court if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the under Article 184.

He said that Quran and Sunnah set very high moral and ethical standards for leaders of a Muslim country as sagacious, righteous and non-profligate and honest and Ameen. He said even in western democracies, the elected leaders are expected to be men of integrity, and honesty.