Article 63: Musharraf-era amendment challenged

Petitioner argued that the amendment was a violation of Articles 41, 62 and 63 of the Constitution.

LAHORE:

The Lahore High Court on Wednesday sought the federal government’s point of view on an amendment to the Presidential Election Rules of 1988 which stopped the application of Article 63 of the Constitution to presidential candidates.

A division bench consisting of Justice Ijazul Ahsan and Justice Mamoonur Rashid directed a deputy attorney general (DAG) to appear and assist the court on the matter on Thursday (today).

The bench was hearing an appeal moved by Advocate Muhammad Azhar Siddique challenging the amendment to Section 5(3)(a) of the rules by the then chief election commissioner in 2007.

Siddique argued that the amendment was a violation of Articles 41, 62 and 63 of the Constitution and only a person eligible to be elected to the National Assembly could be elected as president.

Article 63 states various conditions for the disqualification of National Assembly candidates, while Article 62 details what qualifications they require. Article 42 states the qualifications required to be president.

The amendment allowed a mentally-challenged person, a dual national or a person convicted of contempt of court to stand for election as president, Siddique said. The amendment was made to oblige then president General (retired) Pervez Musharraf, who could have been disqualified under Article 63, he said.

The petitioner asked the court to suspend the amendment and direct the quarters concerned to ensure the application of Article 63 before the next presidential election in 2013.

The bench heard the arguments and directed the DAG to assist the court on the matter on Thursday (today).

Published in The Express Tribune, February 21^st, 2013.