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Wednesday, Jul 10, 2002

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Norms for candidates: Pak. SC begins hearings

By B. Muralidhar Reddy

ISLAMABAD July 9. A special bench of the Pakistan Supreme Court today began hearings on two petitions challenging the condition of minimum educational qualification of BA or its equivalent for members of parliament and the provincial assemblies.

Through an ordinance a few weeks ago the Musharraf Government had prescribed graduation as the minimum qualification to be eligible to contest for the national and provincial assemblies. The proposal is also part of the package of amendments proposed to the suspended 1973 Constitution unveiled by the military regime last week for public debate. It appears Pakistan would be the only country in the world to have the requirement of graduation as minimum qualification to represent the people in the national and provincial assemblies. According to one estimate 95 per cent of the people of Pakistan have become ineligible to take part in the elections on account of the new qualification.

Political parties, press and civil society have criticised the Musharraf Government for introduction of graduation as the minimum qualification. It is largely perceived as a move by the Government to influence the character of the national and provincial assemblies that are to be formed after the promised October elections.

The nature of opposition to the condition could be gauged from the fact that both the petitions challenging it have been filed by the Pakistan Muslim League (QA) and the Awami National Party (ANP). It should be noted that both the parties had supported the controversial Presidential referendum.

Most parties, mainstream and religious, have been hit hard by the graduation clause. It is believed that nearly 80 per cent of the members of the dissolved national and provincial assemblies cannot be candidates on account of the new provision.

In the course of the hearing the Chief Justice, Sheikh Riaz Ahmad, observed that the condition of graduation would allow any graduate to contest the elections.

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