The Handout Notes for BA-LLB student.

Tuesday, February 12, 2013

What are the qualification and disqualification for the members of Parliament?

What are the qualification and disqualification for the members of Parliament?

Qualification and disqualification for the members of Parliament
A person shall not be qualified to be elected or chosen as member of Parliament or Provencal Assembly unless he is at least a Graduate possessing a Bachelor Degree in any discipline or in a degree recognized as equivalent by University Grants Commission under the University Grant commission act, 1974 or any other law for the time being in force. In addition unless a member of Parliament or Provencal Assembly shall not be qualified to be elected or chosen as such unless. 
1). He is citizen of Pakistan. 
2). He is, in the case of National Assembly, not less than twenty five years and is enrolled as a voter in
(a). Any electoral roll for election to a general seat or a seat reserved for non-Muslim and, 
(b). Any are in province from where he seeks membership for election to a seat reserved for women. 
3). He is, in the case of senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as he case be, the federal capital or the federally administered tribal area, from where he seeks membership. 
4). He is, in the case of a Provencal Assembly, not less than twenty five years of age and is enrolled as voter in any are in a Province from where he seek membership for that assembly. 
5). He is of good character and is not commonly known as one who instates Islamic Injunctions. 
6). He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins. 
7). He is sagacious, righteous and non-profligate and honest and amen. 
8). He has not been convicted for a crime involving normal turpitude or for giving fake evidence. 
9). He has not, after the establishment of Pakistan, worked against the integrity of the country or offered the ideology of Pakistan. Provided that the disqualification specified in paragraph 08 and (g) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation, and. 
10). He possesses such other qualification as may be prescribed by an Act of
Parliament.
A person shall be disqualified
A). He is unsound mind and has been so declared by a competent court or, 
B). He is a discharged insolent or, 
C). He ceases to be a citizen of Pakistan or, 
D). He holds an office of profit or, 
E). He is in the service of any statutory body or any body which is sound or controlled by the government or, 
F). He being a citizen of Pakistan by virtue of section 14-B of Pakistan Citizenship Act, 1951, he is for the time being disqualified under any law in force in AJ&K or, 
G). he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the Sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan or, 
H). He has been convicted by a court or competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force or, 
I). He has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the federal government, Provencal Government or a local government on the ground of misconduct involving moral turpitude or, 
J). He has been removed or compulsory retired from the service of Pakistan or, 
K). He has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the government or in which the government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service or, 
L). He is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect or, 
M). He has been convicted under section 7 of the Political Parties Act 1962 (III of 1962) unless a period of five years has elapsed from the date of such conviction or, 
N). He, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government
Provided that the disqualification under this paragraph shall not apply to a person.  
(1). Where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him. 
(2). Where the contract has been entered in to by or on behalf of a public company as defined in the companies ordinance, 1984 (XLVII of 1984), of which he is a share holder but is not a director holding an office of profit under the company or. 
(3). Where he is a member of Hindu undivided family and the contract has been entered into by any other member of that family in the cause of carrying on a separate business in which he has no share or interest.



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