Law:

Section:

Constitution of Pakistan-------Preamble, Arts. 63(1)(c), 65 & 184(3)---Pakistan Citizenship Act (II of 1951), Ss. 14 & 14-A---Constitutional petition under Art. 184(3) of the Constitution---Dual nationalities of members of Parliament---Competency of the Supreme Court to examine such matter---Scope---Respondent taking oath as citizen of foreign country and acquiring the citizenship thereof--- Effect--- Suspension of membership of Parliament---Respondent (member of Parliament) had contended that she was a natural born citizen of Pakistan as well as of the foreign country (United States of America) by virtue of the permission granted by the Citizenship Act, 1951 and by the Constitution; that she took oath at the time she was elected as a member of Parliament to be faithful and loyal to Pakistan, and that her dual citizenship had not and would not undermine her loyalty to Pakistan---Validity---Where elected representatives were holding positions in the Parliament and at the same time were enjoying the benefit of dual nationality against the provisions of Art. 63(1)(c) of the Constitution, the Supreme Court which was bound to preserve and defend the Constitution, was empowered and competent to enforce the fundamental rights of the citizens in terms of Art.184(3) of the Constitution---Respondent, after her election as member of Parliament , had taken oath under Art.65 of the Constitution, and at the same time, while acquiring the citizenship of the foreign country, she had also taken the oath of the foreign country of dual nationality---While filing nomination papers before the Election Commission of Pakistan to contest the election and taking oath under the Constitution, applicant had not disclosed that she had already renounced her citizenship of Pakistan and had abjured all allegiance and fidelity to her country of birth, i.e. Pakistan, as per contents of her oath taken at the time of acquiring citizenship of the foreign country---Members of Parliament occupied their positions as chosen representatives of the people of Pakistan and if the chosen representatives had already renounced their citizenship, prima facie under the Constitutional dispensation, they…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492