Pakistan

No law restricts president from political participation: Awan

Former law minister says the constitution does not bar the President of Pakistan from participating in politics.

Express May 12, 2011

ISLAMABAD: Former Federal Law Minister Babar Awan on Thursday said that there is no law in Pakistan which restricts the president from participating in politics.

Speaking on the Lahore High Court (LHC) verdict which ordered the president to suspend political activities, Awan said that the constitution did not bar the President of Pakistan from participating in politics. He cited Article 17 of the constitution and said that every citizen of Pakistan had the right to participate in politics.

He said that the Parliament of Pakistan composed of three parts, which included the National Assembly, the Senate and the President, and that if both houses were political it would be the first time in the world that the third part was not allowed to do politics.

“There is no given definition of what politics is in the constitution,” said Awan.

The former law minister said that the framers of the constitution knew how the president was to be elected, stating that political parties come into power and select a person who has political influence as president. He added that the president was the only one who was elected through a political vote, also saying that it was a “political seat” according to the constitution.

COMMENTS (20)

Hidayat | 13 years ago | Reply I don't agree with Babur Awan. Government should accept court's decision and president decide to leave political office.

Mirza | 13 years ago | Reply This decision by the Lahore HC yet against a Sindhi elected politician is "correct". It would be fine to hold multiple offices if Zardari was a general like Mush, who had every possible office from army chief, president, chief of "King's party". These same judges did not have any problem with Gen. Mush keeping every position when being in army/govt service he was not allowed to take part in politics. More power to the army.

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Salman Zafar | 13 years ago | Reply Such a stupid person. He was raising the exact same point at the time of Musharraf in all the talk shows and interviews. How cheap of him that he has taken a U turn in very short period of time.

TruePakistani | 13 years ago | Reply PPP and Babar Awan and the likes are playing magical tricks with the people of Pakistan and the judicial system. A person like President Zardari who doesn’t have the courage and decency to appear in front of the nation on serious and catastrophic issues like what happened in Abbottabad, has no right to be the chairman of a political party, let a lone the President of a country. The issue with us Pakistanis is that we let these jaahil and mafias rule us. I’m hoping the new generation will put this kachra aside and give pakistan an non-corrupt leadership in the years to come. The blunders that PPP this in it’s tenure will make sure they don’t get a chance to come into government for another 15 years (I hope they stay out of politics for life). Babar Awan is like the dirty guy of a corrupt drug mafia, he does all the dirty work and then tries to make his boss look like the good guy. I seriously hope our people get rid of these corrupt and insincere politicians. If we don’t have such a law, we must get a law that disallows politically influenced people to be President. This Zardari guy adverties PPP like a dozen times in every single speech, we don’t want a leader like that. How often have you heard Manmohan singh or Obama boast about his party when giving speeches. Even when they do, they don’t hide form their public like this Zardari, who appears in front of his nation like once or twice a year. “Khapp” he gya hai Pakistan.

Sajjad Ashraf | 13 years ago | Reply What is Mr. Awan telling us? No head of state in a parliamentary system of government participates in politics. There is no law in Britain or in India which disallows the queen or the Indian President to participate in politics. Please Mr. Awan, do not sacrifice principles and traditions of honor at the alter on cronyism.

Paki | 13 years ago | Reply @ ehsan . Just because the past was wrong does not make it a justification that the present has to be wrong as well.

Khalid FAROOQ | 13 years ago | Reply Doctoral degree of Babar Awan speaks volumes about his understanding of law.

HelloAnyBodyHome | 13 years ago | Reply Agreed. By this logic, the Army Chief can be a member of PML-Q as well... oops, I guess that already was the case. Guys this is just too blatant a violation of the constitution, wake up.

Ahsan Khan | 13 years ago | Reply @Wowem In Pakistan, the only well organized political Party is the Army!!

Aamir | 13 years ago | Reply News to me because I always thought that Pakistan has just one constitution which applies to all irrespective of his/her position.

Karachi resident | 13 years ago | Reply Contempt of court?

Razi Dar | 13 years ago | Reply Well why are we surprised? How often this happens Over facts and fiction Let the first one speak Eagerly over & over Till the attention wanes Till the dusk Has to give way to an Endless darkness Does it matter? Outside another day begins Giving way to more noise Silence is but a wag away Over and over mindlessly Unique thoughts castaway Till nature finally rests ?

ehsan | 13 years ago | Reply The courts and a group of lawyers are not ready to accept a political president.Their mindset is of a COAS and President having two salaries in Awan-e-sadr.They are very comfortable with a military dictator. The courts give military dictators three years to rule in uniform and amend constitution according to his sweet will. A group of lawyers is working to uproot democracy and bring back Generals. How many times Dogar has challenged any military dictators during his 100 years of life....?

Abdul Ahad | 13 years ago | Reply Every citizen has a right to participate in politics. There is no set definition of what politics is in the constitution. Fallacious much?

ehsan | 13 years ago | Reply The courts and Mr Dogar have no problem when Generals become President and keep two posts....COAS and President. Courts give him right to rule and even amend constitution-- a right which even the courts do not have. Unfortunately this country is so dominated by the psyche of military rulers that it can not accept a political President. I ask him how many military dictators were challenged by him (Dogar)....??

Dr Pakhtun | 13 years ago | Reply This decision is in line with the Supreme Court judgment in the case of Nawaz Sharif vs President of Pakistan (1993) where it was held: “Now, the president as the symbol of the unity of the federation is entitled to the highest respect and esteem by all the functionaries of the state. But it is equally true that this respect and esteem will be forthcoming if he conducts himself with utmost impartiality and neutrality, that he keep himself entirely aloof from party politics and does not give the impression to anyone that he is siding with one faction or working against the other.” Moreover, in all the major Parliamentary democracies of the world like India, UK, Canada, Australia, and NZ, the president ,Queen or the Governor General is just the figure head and has nothing to do with party politics. Besides, even during PPP's first government, when the 1973 constitution came into force, ZAB became PM and the new president Fazli Elahi Chaudri gave up all political activities and party affiliations.

Wowem | 13 years ago | Reply If, as he says every citizen of Pakistan can take part in politics then we welcome the numerous Army coups and invite all armed forces personnel to form a political party!

QB | 13 years ago | Reply Great decision. Why are all the PPP meetings bieng held in the presidency? Mr. Babar Awan said: "He cited Article 17 of the constitution and said that every citizen of Pakistan had the right to participate in politics." .... If this is true than is every citizen not accountable for his/her crimes as well? Mr. Babar Awan quickly hides behind Article 248 that no one can touch President if he comits a crime ... how come Mr. President is different than other Pakistani's in that regard?

Ahsan Khan | 13 years ago | Reply Minister Babar Awan is right. Pakistan is a particular Democratic (Islamic) Parliamentary System of government. In normal Parliamentary Democratic (PD), the parliament is the sovereign authority to represent the people and the president is simply a figure head of the state. He simply represent the State and not the Nation (people). In presidential democracy, the president is directly elected by the people and he is the sovereign authority (France, USA). In Pakistan the president is elected by the national assembly, composed of elected politicians (parliament) and nominated (or elected) political intellectuals. Thus, the president of Pakistan is not a representative of the people but he is the representative of the political parties that have elected him to his post. The president of Pakistan is not the president of the nation (people), but he is certainly the president of the State Affair (politics). It is all due to the Islamic Constitution of 1973.

Much amused | 13 years ago | Reply Good show man. Go get them.

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