The National Assembly Secretariat, in a letter, has informed the Election Commission of Pakistan (ECP) that it would not get declarations on oath since there is no provision under their rules to obtain such a document, sources said.
The Senate secretariat has also prepared a similar letter which will be dispatched to the ECP shortly, sources added.
Following SC directives
The Supreme Court, on September 20, had disqualified 11 lawmakers for holding dual nationality.
Under article 63(1)(c), dual nationals cannot contest elections for parliament and provincial assemblies but the election commission, in the past, never verified this.
Dozens of lawmakers in the current assemblies are believed to be dual nationals. The court, in its order, had asked the ECP to get fresh declarations from every member within two weeks.
On the apex court directives, the ECP wrote to the secretaries of the two houses of parliament and the four provincial assemblies, seeking fresh declarations from the lawmakers affirming that they were not in possession of a foreign nationality.
The ECP also sent prescribed declaration forms to the secretaries of the assemblies on September 24, and asked them to get them signed by every member.
The forms had to be attested by oath commissioners before sending them back to the ECP. October 9 had been fixed as the last day for the completion of the process.
Unsuccessful attempts
The National Assembly secretariat, however, has declined to follow the directives in toto.
The ECP is now awaiting response from the provincial assemblies.
Earlier in August, the ECP had made an unsuccessful attempt, on its own, to get details of lawmakers holding dual nationality.
Back then too, the ministries of interior, foreign affairs and overseas Pakistanis did not bother responding to ECP’s request for details.
The ruling Pakistan Peoples Party (PPP) is in power in the centre and in Sindh, and is also an integral part of the ruling alliance in Balochistan, hence it can be expected that the two provincial legislatures will follow the centre’s lead. It will be interesting to see what the Khyber-Pakhtunkhwa assembly’s response will be – given that it is run by the Awami National Party, which is a an ally of the PPP, but has been at loggerheads with the ruling party in Sindh, and has taken an independent stand on the dual nationality issue. Also interesting will be the Punjab assembly’s response. Run by the central opposition, the Pakistan Muslim League-Nawaz (PML-N), the Punjab assembly will need to see if it is willing to gain political points against the federal government by siding with the judiciary at the risk of exposing its own legislators – or if it will side with the PPP and its allies on this matter.
(Read: Punitive action)
Published in The Express Tribune, October 3rd, 2012.
COMMENTS (12)
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This rule is as per the Law as it stands. Are National Assembly members above the Law ??
What is so difficult for ECP to do it own its own. The following one paragraph letter to all MNAs, MPAs, and Senators should be enough for the purpose.
"As per ruling of the Supreme Court of Pakistan and under article 63(1)(c), dual nationals cannot contest elections for national and provincial assemblies, and hence cannot hold any parliamentary seat, therefore you are required by law to submit an affidavit that you do not hold any other country's nationality except Pakistan. The affidavit form is enclosed with this notice and can also be downloaded from the ECP's website. Your filled affidavit, duly attested by an Oath Commissioner, should be delivered in the Office of the Chief Election Commissioner of Pakistan not later than October 30, 2012. Failing to submit this affidavit within due date will automatically cancel your election and a notification of the effect will be issued on November 1, 2012."
The only who complains about SC on this matter are supporters of corruption themselves.
Parliament can only be Supreme provided the members of the parliaments are pure Pakistanis and do not hold dual nationality.
A Parliament in which several bills were passed by the majority and that were also backed by the dual nationals needs to be scrutinized again.
After 04-years now SC woke up and looking whether constitution clauses being followed...Its strange.Its also funny that Election commision of pakistan does not know how many dual nationals.
The courts should have better things to do. And why are our Army and Judiciary allowed dual nationality? They should also have the same restrictions placed on them.
@T.Malik
SC is doing excellent job no doubt. It's about time for the people of Pakistan to wake up from living dead sleep n kick corrupt political party out of the election/after this borrow justice wisdom from Taliban (Mullah Umur) n put all these past/present rulers, cronies n their kins on expedite open court trail. If people fail or ignore time warranted trail than forget about solution of their fate. Nations who fail to wake up, do not have right of self rule.
Supreme court is doing its best job, every decision is historic decision. So much corruption and lies that every day we have to uproot dirt in the country
This only proves, if any was needed that the NA and Senate is dominated by corrupt men/women holding dual nationalities who are involved in massive flight of capital and money laundering scams, otherwise why should they defy the SC of Pakistan.
That is why the wold community thinks that Pakistan is a lawless country. These people lied but the corrupt regime of PPP is putting hurdles every way possible to obey the laws and constitution. Some how Pakistanis are not brought up to uphold the constitution and respect the law of the land when you are part of the elite in Pakistan. It is a shameful NA and Senate and those who believe and respect the Constitution will not quit in protest because they just can't let go those perks and privileges . People wake up and send this corrupt party to oblivion and make sure they don't come back for decades otherwise you will have the same misery you are in.
Supreme court has nothing better to do