The Supreme Court of Pakistan lifted a lifetime ban on politicians with convictions from contesting elections on Monday.
A 2018 ruling by the Lahore High Court barred politicians convicted of an offense from running for elected or chosen office for life. The Lahore High Court made its ruling following a strict interpretation of Article 62(1)(f) of the Constitution of Pakistan. The provision states that a person may not be elected or chosen as a member of Parliament unless they are “sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.” Under strict interpretation, the court held a conviction in a court of law implied dishonesty and disqualified a person for life.
The Supreme Court of Pakistan rejected the Lahore High Court’s interpretation. In its 6-1 decision, the court stated that the previous ruling amounted “to reading into the Constitution and is therefore overruled.” Additionally, it said the lifetime ban violated Article 17 of the constitution. Article 17 establishes the fundamental right of “citizens to contest elections and vote for a candidate of their choice.”
The court’s decision was seen as a victory for former three-time Prime Minister (PM) Nawaz Sharif. The spokesperson for the Pakistan Muslim League (PML-N), a political party founded by Sharif, said the ruling marked the end of a “dark chapter of judicial injustice.” However, an attorney for another convicted former PM, Imran Khan, described the ruling as the”death of law and constitution.”
Sharif was removed from office by the Supreme Court in 2017 due to a corruption conviction initiated by the release of the Panama Papers. Khan was removed and convicted of corruption in 2022. The removal of the lifetime ban will allow Sharif to run for a fourth term as PM. Khan will not be eligible to run until 2027, as the Pakistan Elections Act, 2017 disqualifies potential candidates for five years following a conviction.