Constitutional lacuna: ECP in a fix over foreign-born Pakistani lawmakers

Cases of ‘natural born’ Pakistani MNAs forwarded to SC for advice.

ISLAMABAD: With the government already in a fix over the issue of dual national lawmakers, a lacuna in the Constitution, regarding the validity of foreign-born Pakistanis contesting elections, could serve as another hurdle.

Pakistanis born in another country do not come under Article 63-1-c of the Constitution that bars dual-nationality holders from contesting elections for parliament and provincial assemblies.

According to the clause, a person shall be disqualified from being elected or chosen as, and from being, a member of Majlis-e-Shoora (parliament), if “he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state”.

Pakistani citizens who were born in countries like the UK and the US are called natural born citizens of those countries and possess the right to obtain Pakistani citizenship if their parents are Pakistani nationals.

Under the Pakistani citizenship act, the children of Pakistani national parents have the right to be Pakistani citizens as well.

Members of the National Assembly Dr Doniya Aziz from the Pakistan Muslim League-Quaid and Arif Aziz Sheikh adopted this plea recently when the Election Commission of Pakistan asked the lawmakers to furnish fresh affidavits declaring that they did not violate Article 63.

Interestingly, Aziz and Sheikh did not undertake an oath of citizenship of the countries they were born in.

The Supreme Court disqualified around a dozen lawmakers for holding dual nationalities in September this year and had asked the ECP to get fresh oaths from all lawmakers stating that they were not dual nationals.

Fifteen lawmakers, who failed to submit their affidavits, resigned after November 30, the last date of submission of the oaths.

ECP Secretary Ishtiaq Ahmed Khan confirmed receiving the cases of Aziz and Sheikh and said that since there is no legal provision available with the ECP on the matter, it has been forward to the Supreme Court.

When contacted, Law Minister Farooq H Naek admitted that there was a lacuna and added that he was not aware of any such precedent in this regard.