MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

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CONSTITUTION PETITION NO. 1 OF 2008 AND CMA NO. 994 TO 996 OF 2008 70 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: - (a) (b) (c) To take part in the conduct of public affairs, directly or through freely chosen representatives; To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; To have access, on general terms of equality, to public service in his country. The above clause (b) of Article 25 enshrines the right to stand for election. It may be advantageous to reproduce below the General Comment 25 given at page 663 ibid, which reads as under:- The effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. No person should suffer discrimination or disadvantage of any kind because of that person’s candidacy. States parties should indicate and explain the legislative provisions which exclude any group or category of persons from elective office. 42. The learned Attorney General next contended that that the impugned educational qualification was also against the United Nations Universal Declaration of Human Rights, Article 21 whereof is reproduced below: - “Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country.
CONSTITUTION PETITION NO. 1 OF 2008 AND CMA NO. 994 TO 996 OF 2008 71 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” 43. He also referred to the article titled “B.A. Or Be Out” by Mr. Mohammad Akram Sheikh, a Senior Advocate of this Court, who had dilated upon the issue from different perspectives. Regarding ‘Education and Eligibility’ he surveyed educational qualification required for membership of Parliaments in different countries of the world. He noted restrictions of formal education as under: - “In Cameron, a person seeking membership of the National Assembly should be able to read and write French or English; in Costa Rica one should only be able to read and write; in Egypt a person seeking election to peoples Assembly must be “literate”; in Indonesia, however, requires a Secondary School or equivalent qualifications from Members of the House of Representatives. In Ireland, candidates selected from a panel must have knowledge and experience relevant to the Panel form Chambers of Deputies and senate; in Jordan, a senator must also be a prominent person who has rendered “service to the nation”. For the National Assembly of Kenya “literate in Swahili and English” qualifies to be elected, in Kuwait the requirement is that a member should be literate in Arabic, in Lebanon the member of the National Assembly has to be able to read and speak English; Malaysia does not require any formal education and one has only to be literate to be elected to the Senate and House of Representatives. In Mal one who is able to read and write French can become member of the National Assembly while Mauritius requires “competence in written and spoken English” Philippines National Assembly requires its members to read and write. Rwanda National Development Council demands qualification of “at least 4 years of secondary studies”. In St. Vincent ability to speak and write English is considered sufficient to stand for House of Assembly; Syrian Arab Republic also requires members to be “literate” Thailand does not require any qualification from Thai born candidates but those with alien father must have at least Thai Secondary Education or a University Degree. For the National Assembly of Uganda 4 years of Senior Secondary School or equivalent qualifications are
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IN THE SUPREME COURT OF PAKISTAN (O
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MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

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