ISLAMABAD - A constitutional petition has been filed in the Supreme Court seeking interpretation of the constitutional provisions pertaining to the qualifications of the Speaker of the National Assembly and the Chairman of the Senate.
Petitioner Barrister Ammar Hussain prayed the top court to declare that a person could not be chosen or elected as the Senate Chairman or the Speaker National Assembly if he does not fulfil the qualifications of being elected as President of Pakistan under Article 41(2) of the Constitution.
He further prayed the court to declare the election of 39-year-old Muhammad Sadiq Sanjrani as the Chairman Senate illegal, void ab initio and in violation of Article 41 (2) as he could not assume the charge of acting president due to age limitation.
According to Article 41(2), a person shall not be qualified for election as President unless he is a Muslim of not less than 45 years of age and is qualified to be elected as member of the National Assembly.
Federation of Pakistan through Secretary Ministry of Law and Justice, President of Pakistan through Secretary, Election Commission of Pakistan (ECP), Chairman Senate of Pakistan and Speaker National Assembly are made respondents in the instant petition, which was filed on March 16.
The petition further stated that there was no bar in the constitution for a non-Muslim to become Speaker of the National Assembly and the Chairman of the Senate, adding a non-Muslim person could one day become the acting President of Pakistan which was against the Islamic principle of the Constitution, ideology of Islam and the Ideology of Pakistan
“In essence under the provisions of the Constitution of Pakistan, 1973 it is very much possible that the Chairman of the Senate of Pakistan or the Speaker of the National Assembly or both of them concurrently/simultaneously are less than forty-five years of age and one or both of them are also non-Muslim(s), which would amount to derogation/abrogation of the fundamental scheme of the Constitution of Pakistan, 1973 and the principles of Islam, Islamic Ideology and Ideology of Pakistan as enshrined in the constitution,” the petition stated.
Qualifications for becoming the Chairman of Senate of Pakistan or Speaker of the National Assembly, specified under Articles 53 and 60 read with Article 62, do not match that of a person who can qualify to be elected as President of Pakistan under Article 41(2), the petition added.
“The provisions of Articles 53 and 60 read with Article 62 of the Constitution of Pakistan, 1973 are in contravention with Article 41(2) read with Articles 260 and 49 of the Constitution of Pakistan, 1973,” the petition maintained, stating the contravention was violating the fundamental scheme of the constitution which was based on principles of Islam.
The petitioner prayed the top court to declare that the qualifications for a person to be elected as the Chairman or the Speaker of the National Assembly must be same as applicable to a person qualified for election as President of Pakistan under Article 41(2) of the Constitution.
It further prayed to restrain a person who does not fulfill the qualifications of being elected as President of Pakistan under Article 41(2) shall not act as or perform the duties and functions of the President of Pakistan if and when the office of the President of Pakistan becomes vacant.
