Although the PML-N has all along been raising the issue of the president's dual office, it believes that it is an ethical (morality) matter and has nothing to do with the Constitution.
Talking to Dawn here on Tuesday, the minister said President Zardari could not hold the office of PPP co-chairperson as it violated the Constitution, for neither the president nor any governor could enjoy the freedom of association guaranteed under Article 17.
Article 17 read with Article 260, he argued, restricted the president and governors from joining any political association or union.
Article 17, sub-clause (2) reads “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or public order ...”
The law minister said that in Article 260, sub-clause (1), the paragraph that defines the “service of Pakistan”, while excluding the prime minister and other public offices from the domain of service of Pakistan, does not grant this exemption to the president and the governors.
The paragraph from Article 260, which deals with interpretation of the definitions included in the Constitution, states “Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney-General, Advocate-General, Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant or Assistant to a Chief Minister, Adviser to a Chief Minister or member of a House or a Provincial Assembly.”
Rana Sana argued that the paragraph did not exclude the offices of president and governors from the “service of Pakistan” and thus clearly barred the holders of these offices from joining any political party, association or union.
“The spirit of the Constitution is very much clear on the issue,” said Rana Sana, who had earlier differed with all legal experts on the issue that the governor was bound to consult the chief minister for appointment of high court judges. The Supreme Court had later endorsed his opinion.
