THE issue of dual nationality and disqualification from being a member of parliament was raised by me in 2002 during the tenure of Gen Musharraf when a similar situation arose.

It has arisen again and the Election Commission has issued a directive that members holding dual nationality would be disqualified.

Article 63, inter alia, provides that “a person shall be disqualified from being elected or chosen as, and from being a member of the parliament if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state.”

It is hence clear that a disqualification arising from acquisition of the citizenship of a foreign state would constitute a bar to such person being elected or chosen as a member of a parliament. Thus if any member of parliament has ceased to be a citizen of Pakistan, or has acquired the citizenship of a foreign state, such person shall stand disqualified from being a member of parliament.

Amendments made to the Citizenship Act 1951 or in any other law applicable to public representatives will not dilute the effect of Article 63 as the constitution is supreme and all other laws fall in the category of sub-constitutional legislation, which can be struck down if they are held to be repugnant to the constitution.

The existing law permits Pakistanis to hold dual nationality (i.e.) of Pakistan and the specified countries such as the UK, Canada, Australia and perhaps even the US. Pakistanis can enjoy the privilege of being citizens of two countries and whatever flows from such citizenship. However, the question of conflict of interest and divided loyalty may arise in the context of being members of parliament but this is not under discussion in the public domain.

Pakistanis living and working abroad are an asset and their remittances are of much support, which is acknowledged and appreciated. They are entitled to participate in all aspects of Pakistan except being members of parliament by reason of acquiring the citizenship of a foreign state by immigration, naturalisation and becoming permanent residents of a foreign state.

The EC is dealing with this issue and all persons who may be affected by the EC acting in accordance with the constitution should themselves agree to uphold the law and the Constitution by resigning from parliament if they have acquired the citizenship of a foreign state and thus uphold the constitution as Pakistani citizens while they may concurrently continue to hold a dual citizenship of another state for so long as the law permits this.

L.H.M. Karachi

Implementation problem

The Election Commission of Pakistan has announced that from the coming Senate elections, which are expected to take place in March 2012, anyone having dual nationality will be disqualified from contesting elections in Pakistan.

There are very good reasons for such a regulation.

Citizenship is usually conferred upon newcomers by making them take an oath or a pledge that they will serve the country’s interest which is about to confer its citizenship.

Now the dual citizenship will bring the holder into a moral dilemma: which interest to serve when there is a clash of interest between the two countries the citizenship of which he is holding.

While the regulation announced by the EC is, therefore, much in the interest of the country, its effect will depend on its implementation which is usually an entirely different matter in Pakistani practice.

A law should be made to disqualify all those who have accounts and properties in Swiss, US and European safe havens.

MUDDASSIR ZAFAR Karachi