In a major legal development, the Supreme Court of Pakistan lifted a lifetime ban on politicians with convictions from contesting elections. This overturns a 2018 ruling by the Lahore High Court which prevented any individual convicted of an offence from running for elected or chosen office for life.
The Lahore High Court based its decision on Article 62(1)(f) of the Constitution of Pakistan, interpreting the conditions for a parliamentary member as encompassing ‘sagacious, righteous, non-profligate, honest’ characteristics, and suggesting that a conviction in a court of law therefore implies dishonesty and disqualifies a person for life.
In a 6-to-1 decision, the Supreme Court rejected this interpretation of the Constitution, stating it amounted to overruling. It held the lifetime ban to be in violation of Article 17 which establishes the fundamental right of citizens to contest elections and vote for a candidate of their choice.
This ruling has significant implications for major political figures. Notably, former three-time Prime Minister (PM) Nawaz Sharif, who was removed from office in 2017 because of a corruption conviction prompted by the release of the Panama Papers, can now contest for a fourth term as PM.
Despite the lifting of the lifetime ban, timing of eligibility remains an important factor. As per Pakistan Elections Act, 2017, potential candidates are disqualified for five years following a conviction. Therefore, convicted former PM, Imran Khan, removed and convicted of corruption in 2022, will not be eligible to run until 2027.
The decision has drawn a divide in opinions, characterised by the spokesperson for the Pakistan Muslim League (PML-N), who described the ruling as the end of a ‘dark chapter of judicial injustice’. Contrarily, an attorney of Imran Khan cast it as the ‘death of law and constitution’.