Poll eligibility: Rights activists, legal experts question controversial clauses
Decry subjective electoral eligibility requirement.
Whatever questions returning officers asked candidates to judge their knowledge about Islamic teachings falls within the ambit of Article 62 (e), says ECP spokesperson. PHOTO: EXPRESS/FILE
ISLAMABAD:
People from different segments of society on Tuesday decried the vague interpretation of Article 62 (e) of the Constitution by the Election Commission of Pakistan (ECP), terming it an obstacle in the path towards free and fair elections and democratic consolidation in the country.
They also called for the exclusion of all such articles and clauses in the Constitution which were incorporated during the regime of military dictator Ziaul Haq to ‘Islamise’ the already polarised society.
“The vagueness and subjectivity of clauses (d) and (e) of Article 62 allow for such questions to be asked. Pakistan is a confused theocracy where personal failings or sins are penalised by the state, while one goes scot free after committing crimes,” poet and writer Harris Khalique said.
Senior lawyer and right activist Sheikh Ali Afzal said Article 62 (e) was tantamount to usurping the right of candidates to contest elections on the basis of religion.
He criticised the previous PPP government, which justifiably took credit for the landmark 18th and 19th constitutional amendments, but did nothing to amend the controversial articles 62 and 63.
The Women’s Action Forum (WAF) also expressed concerns over the flawed process of pre-selection of candidates whereby they were being judged on the basis of their memory of and proficiency in reciting religious verses and answering subjective questions posed by returning officers regarding their knowledge of Islam.
If this process if allowed to continue, it will bar the way for all candidates who may have worked hard to address the needs of the people during the past years, but do not meet the subjective religious criteria, WAF said.
“WAF is disappointed that the ECP headed by a respected person, such as Justice Fakhruddin G. Ebrahim, did not see the potential for mischief in Articles 62 and 63, which were arbitrarily and undemocratically inserted in the Constitution by a military dictator,” WAF said, adding that if the process is allowed to continue, it will rob the people of their hopes of a Pakistan that provides a level playing field and offers equal opportunities to all citizens without regard to gender, religious or social differences.
An ECP spokesperson said whatever questions returning officers asked candidates to judge their knowledge about Islamic teachings falls within the ambit of Article 62 (e).
He said the article and its clauses were part and parcel of the constitution and returning officers were only just fulfilling a constitutional requirement prior to the submission of nomination papers.
Published in The Express Tribune, April 3rd, 2013.
People from different segments of society on Tuesday decried the vague interpretation of Article 62 (e) of the Constitution by the Election Commission of Pakistan (ECP), terming it an obstacle in the path towards free and fair elections and democratic consolidation in the country.
They also called for the exclusion of all such articles and clauses in the Constitution which were incorporated during the regime of military dictator Ziaul Haq to ‘Islamise’ the already polarised society.
“The vagueness and subjectivity of clauses (d) and (e) of Article 62 allow for such questions to be asked. Pakistan is a confused theocracy where personal failings or sins are penalised by the state, while one goes scot free after committing crimes,” poet and writer Harris Khalique said.
Senior lawyer and right activist Sheikh Ali Afzal said Article 62 (e) was tantamount to usurping the right of candidates to contest elections on the basis of religion.
He criticised the previous PPP government, which justifiably took credit for the landmark 18th and 19th constitutional amendments, but did nothing to amend the controversial articles 62 and 63.
The Women’s Action Forum (WAF) also expressed concerns over the flawed process of pre-selection of candidates whereby they were being judged on the basis of their memory of and proficiency in reciting religious verses and answering subjective questions posed by returning officers regarding their knowledge of Islam.
If this process if allowed to continue, it will bar the way for all candidates who may have worked hard to address the needs of the people during the past years, but do not meet the subjective religious criteria, WAF said.
“WAF is disappointed that the ECP headed by a respected person, such as Justice Fakhruddin G. Ebrahim, did not see the potential for mischief in Articles 62 and 63, which were arbitrarily and undemocratically inserted in the Constitution by a military dictator,” WAF said, adding that if the process is allowed to continue, it will rob the people of their hopes of a Pakistan that provides a level playing field and offers equal opportunities to all citizens without regard to gender, religious or social differences.
An ECP spokesperson said whatever questions returning officers asked candidates to judge their knowledge about Islamic teachings falls within the ambit of Article 62 (e).
He said the article and its clauses were part and parcel of the constitution and returning officers were only just fulfilling a constitutional requirement prior to the submission of nomination papers.
Published in The Express Tribune, April 3rd, 2013.