Sitting Panel: Sh. Riaz Ahmed, C. J., Munir A. Sheikh, Nazim Hussain Siddiqui, Iftikhar Muhammad Chaudhry and Qazi Muhammad Farooq, JJ

Summary:

This case involved several constitutional petitions challenging Article 8A of the Conduct of General Elections Order, 2002, which mandated a graduate degree as an educational qualification for membership in Majlis-e-Shoora (Parliament) and Provincial Assemblies. The petitioners, including political parties and politicians, contended that this requirement violated Articles 17 (freedom of association) and 25 (equality before law) of the Constitution, curtailed adult franchise and universal suffrage, and created an “elitist class.” They also argued that the Chief Executive lacked the power to introduce such an amendment, as it transcended the parameters set by the Supreme Court in Syed Zafar Ali Shah’s case (PLD 2000 SC 869).

The Supreme Court dismissed the petitions, upholding the validity of the educational qualification. The Court emphasized that the Conduct of General Elections Order, 2002, was not an amendment to the Constitution but a law validly promulgated under Article 62(i) of the Constitution, which allows for additional qualifications for parliamentary membership to be prescribed by law. The Court found the educational qualification to be “reasonable and not arbitrary or whimsical,” asserting that it was a crucial “step towards transformation of the political culture,” aimed at raising the competence level of elected representatives and encouraging education. It further clarified that Article 25 of the Constitution permits “reasonable classification” among citizens, and this educational requirement applied equally to all graduates without discrimination. The Court concluded that the law was within the Chief Executive’s powers as defined in Syed Zafar Ali Shah’s case, as it was linked to holding general elections and promoting good governance.

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