ISLAMABAD: The National Assembly Standing Committee on Law, Justice and Human Rights rejected on Friday the 22nd Constitutional Amendment Bill, 2014, which proposed lifting the ban on dual nationality holders from contesting parliamentary elections.
The amendment bill was tabled by Muttahida Qaumi Movement (MQM) lawmaker SA Iqbal Qadri in the National Assembly during the previous NA session, and recommended to amend Article 63 of the Constitution to lift the bar on contesting parliamentary provincial assembly elections for dual nationals.
He said overseas Pakistanis were country’s assets, who have made significant contributions to the Pakistan economy through remittances; hence, any discriminatory law will be against the spirit of patriotism.
Headed by its chairman Chaudhry Bashir Virk, the standing committee's seven out of eight members, however, rejected the bill.
The law ministry in its brief presented to the committee contended that there may be case of conflict of interest in the case of a person who holds dual nationality.
There is not any bar on a person with dual nationality to cast vote in Pakistan; however, the situation of them contesting elections may not be conducive to good political order, the ministry added.
The law ministry also referred to Article 191 of the Indian Constitution, which says a person shall be disqualified as lawmaker if they have voluntarily acquired citizenship of a foreign state, or is under any acknowledgement of alliance or adherence to a foreign state.
The law ministry contended there is a large population of Indians all over the world, which is earning foreign exchange; yet, it does not allow dual nationals to contest parliamentary or state legislature elections.
The ministry recommended opposing the bill, as did members of political parties other than the MQM.
Human rights wing
Expressing its displeasure over the poor performance by the Human Rights wing, the committee asked it to pinpoint provincial, as well as federal laws, which are against fundamental rights.
Virk said the committee would review them and recommended for their amendments or repeal.
COMMENTS (17)
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I am citizen of Pakistan by birth and acquired citizenship of U.K and colonies, by registration.This was after Pakistan parliament allowed me to do so through amendment to Pakistan Citizenship Act 1951 in 1972. So, I have only acquired the U.K citizenship with the consent of Pakistan. Nothing illegal under Pakistani law. Further, I have been domiciled in Pakistan for last seven years. I have a UK company pension and also have rental income from my U.K property. NADRA issues NICOP and POC to Overseas Pakistanis. NICOP is issued to Pakistani citizens only, while POC is for those Overseas Pakistanis who have acquired citizenship of a " foreign" state and have ceased to be citizens of Pakistan. Holding of "dual citizenship" is a right given to Pakistani citizens by Act of parliament, not to be undermined by Supreme Court or media or by ill informed politicians. Pakistani Constitution under article 63.1.C, it states " he ceases to be citizen of Pakistan or acquires a foreign citizenship". Hope this paper has the courage to publish this!
I am a dual Pakistani citizen, but I agree with this decision.
I am MQM supporter living Germany, but I oppose the bill proposed by MQM. The moment I decide to take up foreign nationality I shouldnt be eligible to run for parliament, Senate, Army or Judiciary.
Under the US laws dual nationals can run for any office. The only limitation is for the office of President where the individual has to be a citizen by birth, however if that condition is met then there is no bar on the candidate holding multiple nationalitites.
how ironic it is that dual nationals can serve in Pakistan Army
Remittances bhej kar ahsan thori kar rahay hain, they are sending it for their families , yes country do benefit!
Great news. Now everyone who had claimed political asylum in another country can come back and become an MNA. Why even have NA in Pakistan. Why don't they just assemble in say USA or UK instead of Pakistan??
I understand the presumed logic behind it but I don't buy it anyway. Most of the common wealth countries, except India, allows dual citizenship and there is no bar on them contesting elections in their chosen countries too e.g Canada, UK, Australia etc. How come I can become even a PM of Canada while remaining a dual citizen of Canada and Pakistan but I am not even allowed to contest a councilor election in Pakistan
MQM Continues to strive for rights of Dual Nationals. Its sad how we call Dual National's our assets yet bar them from every possible way for serving the nation. Alike how fuedals kept the middle class opressed so they can thrive, similarily educated Dual Nationals are kept away from contributing towards nation's welfare.
How stupid is that?! Yeah if you do this you prevent people who truly want to help the country. Some dual nationals are very well educated and have the income to make a large impacting difference. But no, let's just ban them.
Bias continue to treat Pakistanis lesser humans Who are more patriots than thugs like Sharifs and Zardaris! Difference is: Overseas Pakistanis earn abroad and invest in Pakistan while goons make/suck/loot money from Pakistan and stash it abroad while being absolutely being "pure Pakistanis"!
There is no conflict of interest if you in government and also run businesses, launder money, become billionaires without source of income! but its conflict of interest if you are dual national Pakistani!
For information US, UK and many others even allows non nationals of country to vote and contest in Elections!
In principle if a person obtains a second nationality....he should by law be forced to surrender his first nationality. We have this provision because our high and mighty misuse it for selfish reasons.
@mansur: The comparison simply says that inability to become legislators does not reduce patriotism of people of Indian origin or stop them from sending remittances. Hence, the excuse that denying this privilege could make people feel less patriotic or make them stop sending remittances is questionable.
It is not unreasonable to expect not just legislators but also judges to be nationals of only one country- the one they serve in official capacity.
The conflict of interest is unavoidale otherwise.
what a dumb comparison to India. they don't allow dual citizenship for their citizens. which is why the law naturally extends to their parliamentarians (as it would be illegal for them to be holding DN as citizens even).
we have no such bar on Pakistani citizens in our law. so why shouldn't dual nationals be allowed representation in parliament?
How about spend some time making amending laws which benefit the general population?
Thank You. The duality of of their Citizenship, which they acquired of their free will, should have been reason enough for the rejection of their becoming Pakistani Legislators. In the parliament, their feet, heart and soul should be in One place. There are endless avenues from which they can contribute towards the well being of their place of birth.
Great move those who want to serve Pakistan must only have Pakistani Nationality and that goes for all branches of govt executive judiciary and military