Article 62 of The Constitution

Like so many words of English Language, each of the word used in Article 62(1)(f) of the constitution of Pakistan carries and convey a different meaning.  Qualities for membership of Parliament are laid down in Article 62 (1)(f) of the Constitution that specifically states that a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous and non-profligate and honest and Ameen.

The word “ameen” has been given a very extended meaning so as to include all rights and liabilities whether concerning Allah or His creation, whether of individual significance or collective, whether concerning one’s relatives or strangers, financial or political agreements. Whereas the word ‘Amanah’ includes all the good qualities of Muslims including righteousness, freedom from profligacy as well as abstinence from major sins. It would also include the practicing of obligatory duties.

The word Ameen is usually described as a person who obeys Allah and His Prophet (PBUH) in his actions, utterances as well as beliefs. However, such an extended meaning of the word ameen is quite out of place because of clause (f), which contains it equally applies to non-Muslims. For that reason, it must be given more mundane and uniform meaning restricted to one’s dealings with fellow beings and public affairs generally hence, the spiritual, religious and the philosophical content of Article 62 thereof must be ignored and must be given a border interpretation.

Similarly, the word ‘Righteous’ occurring in Article 62(f) has not been defined clearly and it is a grey area, which must also be given its dictionary meaning, and religious contents attached to it must be ignored so that it can equally apply to all the citizens of Pakistan following a different religion.

The concept of inserting Article 62 clause (f) in the Constitution is no doubt a very purposeful. Any Article in the Constitution of Islamic Republic of Pakistan, 1973, cannot be said to have incorporated without any meaningful objective. The holders of public offices like members of National and Provincial Assemblies are expected to be persons of unimpeachable character. The terms used in clause (f) of Article 62 of the Constitution of Islamic Republic of Pakistan, 1973, need to be understood and implemented in order to stop dishonest and cheaters from entering into the corridors of the National and Provincial Assemblies.

A person using unfair means or making a wrong declaration to establish his educational qualification for contesting general elections or filing of a false declaration with regard to dual citizenship/nationality must not be termed as Sagacious, righteous, non-profligate, honest and ameen person. Such a person could not be considered, to be honest, righteous or ameen and could not possess the qualifications prescribed under Art. 62 (1)(f) of the Constitution to become a member of the Parliament or Provincial Assembly. The Misuse of the exercise of delegated sovereign power by such representatives, chosen by the people of this country, would be a breach and violation of a sacred trust.

 

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