Law:

Section:

Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]---------Art. 8A--Constitution of Pakistan (1973), Arts. 184(3), 17, 25, 62 & 63---Constitutional petition under Art.184(3) of the Constitution before Supreme Court---Educational qualification for member of Majlis-e-Shoora (Parliament) and a Provincial Assembly---Contention was that eligibility of a candidate to become a member of the Parliament or a Provincial Assembly being a graduate as prescribed under Art.8A, Conduct of General Elections Order, 2002 was not only violative of the provisions of Arts. 17 & 25 of the Constitution but also travelled beyond the parameters set by Supreme Court in Syed Zafar Ali Shah's case (PLD 2000 SC 869): that the qualification so prescribed was unreasonable and irrational to view of the prevailing state of literacy to the country and tended to create an elitist class, curtailed the choice and consent of the governed and took away the right of adult franchise and universal suffrage and that the Conduct of General Elections Order, 2002, in essence and spirit, was an amendment in the Constitution which the Chief Executive was not empowered to make in view of fetters imposed by the Supreme Court on his power to amend the Constitution ---Validity--­Educational qualification prescribed for membership of Assemblies will not only raise their level of competence and change the political culture but will also be an incentive to education---Conduct of General Elections Order, 2002 deserved approval being the first step aimed at bringing about a change in the political culture---Political culture---Concept---Provision of Art.62(2) of the Constitution provided that further qualifications in addition to those laid down in Art.62, which dealt with the qualifications for membership of Parliament, could be prescribed by a law by the law-making body only---All citizens were though equal before law and were entitled to equal protection but the State was not prohibited to treat its citizens on the basis of a reasonable classification---Principles of equal protection of law and reasonableness of classification enumerated---Conduct of General Elections Order, 2002…

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