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Supreme Court Justice Asserts Constitutional Amendment Needed to Nullify Article 62(1)(f) Ban
Justice Yahya Afridi's dissent highlights the necessity of a constitutional amendment to overturn the life ban under Article 62(1)(f) of the Constitution.
ND
by News Desk
2024-03-26
Supreme Court Justice Asserts Constitutional Amendment Needed to Nullify Article 62(1)(f) Ban

Supreme Court Justice Yahya Afridi emphasized the imperative need for a constitutional amendment to nullify the life ban imposed under Article 62(1)(f) of the Constitution. His note, issued in response to the majority judgment that overturned the 2018 Samiullah Baloch case ruling, emphasized the legal and constitutional complexities involved. Justice Afridi argued that while the Elections Act 2017 introduced Section 232 to impose a five-year disqualification period, Article 62(1)(f) itself did not specify any time limit for disqualification, signifying a deliberate choice by the framers of the Constitution. He stressed that any attempt to impose a time limit on disqualification under Article 62(1)(f) would necessitate a constitutional amendment rather than ordinary legislation. Justice Afridi further underscored the importance of judicial caution and adherence to legal principles, emphasizing the need to conserve settled legal questions unless there is a glaring error. He warned against rendering Article 62(1)(f) redundant and emphasized the self-executory nature of the provision.

 
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