An old bogey

The clauses should have no role in electoral process & ECP has directed its officials not to ask irrelevant questions.

The issues raised by Articles 62 and 63 of the Constitution, introduced under General Ziaul Haq, have reared their ugly head again. The Articles, intended to determine the honesty and good character of candidates, permits a returning officer (RO) to ask a candidate any question of his choice, specifically under Article 62(e) to “test” his or her knowledge of religion and standing as a “good Muslim”. It is a matter of much debate what relevance this has to a candidate’s ability to perform his duties. Rights activists and legal experts have demanded that the Articles be removed from the law or, at least, set aside. The emphasis placed on using them by the Supreme Court in comments regarding selecting good candidates for polls added to the controversy, as the matter once more rose to the forefront.

In Hyderabad, a candidate faces disqualification after being unable to say how many obligatory rakaat were included in each prayer. In other places, too, candidates struggled with questions best suited to an Islamic Studies exam. In addition, candidates were asked questions that were not particularly relevant, and which cannot indicate whether they are competent enough to become lawmakers. A candidate in Karachi was asked to spell out certain words, while in Lahore, the provincial election commissioner told a female candidate’s husband how his family life will be adversely impacted if his wife were to be elected.

It is, however, the matter of scrutinising candidates on religious knowledge, which is a serious issue. Knowledge of religion does not necessarily determine if a person is good, bad, competent or otherwise. The clauses should have no role in the electoral process and the ECP has done well to direct all its officials not to ask irrelevant questions. The ROs would do well to follow this directive and exercise restraint in this matter at least until the required constitutional changes can be made, ending what is an absurd situation in more ways than one.

Published in The Express Tribune, April 5^th, 2013.