Daily Times

KARACHI: As a intense debate is going on after PML-N has expressed its intentions to amend Article 62 and 63 of the constitution under which former Prime Minister Nawaz Sharif was disqualified by the Supreme Court, politicians and commentators support the idea to repeal the controversial articles, but not with retrospective effect as the PML-N wanted in a bid to do away with the disqualification of Nawaz Sharif.

Prof. Rasul Bakhsh Raees, a political scientist, argues that these clauses give much power to the courts to oust democratically-elected representatives of people. As Parliament is a supreme body and has powers to amend constitution, so if a consensus is evolved on the proposed plan of the government, the parliament should go ahead to do away with the Articles.

He advocated the proposed amendment, saying that the article should be amended the way so many other articles of the constitution have been amended. To substantiate his argument he said the public life is affected by crime of an elected representative or public office holder not sin.

Senator Barrister Murtaza Wahab of PPP, who has recently been elected to the Upper House of the Parliament and himself is a practicing lawyer, said that PPP had proposed to abolish articles 62 and 63 of the Constitution when 18th Amendment was being passed from the Parliament, but then Nawaz Sharif opposed the proposal vehemently. He said that as fresh elections were around the corner, parties and people must go for the fresh mandate and any amendment to the controversial article should be passed by the new assembly after 2018 election.

“We have repeatedly said that the law was introduced by a dictator and is against the spirit of the Constitution but Nawaz Sharif did not agree. Now he himself has been victim of the Articles,”

Wahab further said that PML-N wanted the legislation to amend the article should be effective retrospectively in a bid to do away with his disqualification. “However, as per my opinion any legislation to amend the article should be with prospective effect,” he urged.

He said that in 2012, former Prime Minister Syed Yousuf Raza Gillani was also disqualified by the apex court under the same Article for contempt of court.

Dr Arif Alvi, a member of the National Assembly from PTI, said how strange it is that certain Article of the Constitution should be repealed or amended because Nawaz was disqualified under the article. He said that they were not even ready to hold any debate or discussion over the plan being floated by PML-N to amend the Article. Alvi argued that this is not debatable, saying that anyone not meeting the conditions stipulated in the Article should sent to jail instead of relaxing the conditions to allow them to continue as public office holders.

Professor Muhammad Ibrahim, former senator JI, smelled a conspiracy in the proposed plan to amend the Articles 62 and 63 of the constitution. The article should not be amended at any cost, he underlined.

“The only solution to our problems and challenges is that we should bring in Sadiq and Ameen people to the Parliament,” he added.

Yasin Azad, former president Supreme Court Bar Association, said it is high time to get rid of Zia and Mushraf’s legacy which damaged democracy in the country to great extent. Article 62-63 must be repealed and 1973 constitution must be restored in its original form.

“How ironic it is that on one hand these people call them as democrats and on the other support dictators promulgated rules and laws,” he added.

He wondered how anyone could be disqualified for life under Articles 62 and 63 of the Constitution, saying people could reform themselves to be qualified after being disqualified at some point of time.

In an interview with an Indian journalist, Chief of PTI, Imran Khan while commenting on Article 62-63 had said that these articles can only be applied to angels not human beings. But now he is a staunch supporter of keeping the Article intact in the constitution.

Published in Daily Times, August 25^th 2017.