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ISLAMABAD: The convicted Prime Minister Yusuf Raza Gilani has been a parliamentarian for almost 30 years and also served as speaker of the National Assembly for over three years but he still does not know that the Constitution unequivocally bars anyone acquiring foreign nationality from becoming a member of parliament.
Article 63(1)(c) clearly says: “63. Disqualifications for membership of Majlis-e-Shoora (parliament): (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if:- (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state.”
In his latest interview with Geo, Gilani said that there was no restriction on dual citizenship for legislators in the constitution and he was in favour of expatriate Pakistanis getting the right to vote and becoming members of the parliament.
“There should be a debate on the issue of dual citizenship and parliament should decide the issue and legislate because now the world has changed,” the prime minister said, and added that expatriate Pakistanis should not be deprived of the right to become members of parliament and voters in Pakistan. He said nowhere in the constitution was it written that Pakistanis cannot hold dual citizenship or become legislators and bureaucrats.
This statement of Gilani shows his complete ignorance of what the constitution clearly states. Certain elements in the government are trying to shift the blame of this bar on the apex court, which is presently hearing the case of dual national MPs and has even suspended the membership of PPP MNA Farahnaz Ispahani.
Early this year it was the Election Commission of Pakistan led by former Chief Election Commissioner Justice (R) Hamid Ali Mirza, which had announced that the constitutional bar on dual nationals that has been overlooked in the past would be strictly adhered to in the future. The government had special liking for Justice Mirza as he was heading the commission that had recommended all the criminal cases under the NRO.
A three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain recently suspended the membership of Farahnaz besides asking Interior Minister A Rehman Malik to provide certificate that he had rescinded his British nationality.
Although the prime minister did not see anything wrong with the dual nationality holders to be the members of the parliament, the SC in its order had reproduced the oaths of parliamentarians and those becoming US national to reflect on the conflicts between the two.
The oath of the members of the parliament reads as: “I,____, do solemnly swear that I will bear true faith and allegiance to Pakistan: That, as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the constitution of the Islamic Republic of Pakistan, and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan: That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan. And that I will preserve, protect and defend the constitution of the Islamic Republic of Pakistan.”
Regarding Farahnaz, who took the above oath as member of the parliament, the SC said: “At the same time, while acquiring the citizenship of USA she has also taken the oath, which is administered to the immigrants, who wish to become citizens of USA. Same is reproduced herein below: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”
The SC observed that in democratic dispensation under the constitutional provision the members of the National Assembly and the Senate occupy their positions as chosen representatives of people of Pakistan and if the chosen representatives of Pakistan have already renounced their citizenship, prima facie under the constitutional dispensation, they had no right to represent them and decide the issues of all national importance being the members of different committees including defence etc, where all open and secret policies for the betterment of the people of this country/nation are discussed.
Article 63(1)(c) clearly says: “63. Disqualifications for membership of Majlis-e-Shoora (parliament): (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if:- (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state.”
In his latest interview with Geo, Gilani said that there was no restriction on dual citizenship for legislators in the constitution and he was in favour of expatriate Pakistanis getting the right to vote and becoming members of the parliament.
“There should be a debate on the issue of dual citizenship and parliament should decide the issue and legislate because now the world has changed,” the prime minister said, and added that expatriate Pakistanis should not be deprived of the right to become members of parliament and voters in Pakistan. He said nowhere in the constitution was it written that Pakistanis cannot hold dual citizenship or become legislators and bureaucrats.
This statement of Gilani shows his complete ignorance of what the constitution clearly states. Certain elements in the government are trying to shift the blame of this bar on the apex court, which is presently hearing the case of dual national MPs and has even suspended the membership of PPP MNA Farahnaz Ispahani.
Early this year it was the Election Commission of Pakistan led by former Chief Election Commissioner Justice (R) Hamid Ali Mirza, which had announced that the constitutional bar on dual nationals that has been overlooked in the past would be strictly adhered to in the future. The government had special liking for Justice Mirza as he was heading the commission that had recommended all the criminal cases under the NRO.
A three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain recently suspended the membership of Farahnaz besides asking Interior Minister A Rehman Malik to provide certificate that he had rescinded his British nationality.
Although the prime minister did not see anything wrong with the dual nationality holders to be the members of the parliament, the SC in its order had reproduced the oaths of parliamentarians and those becoming US national to reflect on the conflicts between the two.
The oath of the members of the parliament reads as: “I,____, do solemnly swear that I will bear true faith and allegiance to Pakistan: That, as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the constitution of the Islamic Republic of Pakistan, and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan: That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan. And that I will preserve, protect and defend the constitution of the Islamic Republic of Pakistan.”
Regarding Farahnaz, who took the above oath as member of the parliament, the SC said: “At the same time, while acquiring the citizenship of USA she has also taken the oath, which is administered to the immigrants, who wish to become citizens of USA. Same is reproduced herein below: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”
The SC observed that in democratic dispensation under the constitutional provision the members of the National Assembly and the Senate occupy their positions as chosen representatives of people of Pakistan and if the chosen representatives of Pakistan have already renounced their citizenship, prima facie under the constitutional dispensation, they had no right to represent them and decide the issues of all national importance being the members of different committees including defence etc, where all open and secret policies for the betterment of the people of this country/nation are discussed.
http://www.pkviews.com/forum/showthread.php/14900-Is-the-PM-really-that-ignorant-or-is-he-playing-games-30th-May-2012-by-Ansar-Abbasi#.T8WZDru1QS4.facebook
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