Disqualification of Parliamentarians under Constitution of Pakistan

Abstract

In this research I have discussed the disqualification of parliamentarians under constitution of Pakistan and addressed the question that whether someone can be disqualified for life time and kept out of politics for whole of the life. Whether someone's political carrier can be finished due to any offence or mistake he makes deliberately or otherwise. The answer that I have got by studying other democracies of the world and comparing them with Pakistan is "of course NO" because someone can be punished for what he has offended not what he is interested to do in rest of life. They argue that if someone has been disqualified due to any offence he should be punished for that particular offence. In democracy once a person faces punishment and the due disqualification then it's the public to decide his political carrier by democratic and electoral process not the court or any other single institution. Contesting elections is another right of every citizen which cannot be infringed due to any offence for what he has been punished too. We see disqualification clauses and laws in every country but there is not a single example where a citizen has been convicted and after the conviction the doors of parliament and assemblies have been closed for him. Political carrier and criminal behavior are two different aspects of life which to be dealt separately under law. By disqualifying a person lifetime not only violates that's person's basic right to contest but also infringes the right of another citizen's right to vote for his favorite candidate as law allows us all to elect the one who we think fit for system. As otherwise other than the philosophy of democracy but if we see such life time disqualification in Islamic lens we always find space for pardon in Islam. Hence as per all aspects no one can be disqualified lifetime. Our judicial system needs to interpret the laws with accordance of other world.