ISLAMABAD, July 23: The Supreme Court on Tuesday held that minimum qualification of BA or its equivalent for the members of the parliament and provincial assemblies, was first step towards change in political culture.

The Supreme Court in its detailed judgment on the petitions challenging the minimum qualification, held, “In our view, the Election Order deserves approval being the first step aimed at bringing about a change in the political culture.”

The court in its one line short order on July 11 had dismissed the petitions challenging minimum education qualification.

The court which decided the petitions on merits and ruled the superior courts continued to have the power of judicial review to judge the validity of any act or action of the Armed Forces, if challenged, in the light of the principles underlying the law of State necessity.

The SC bench consisted of Shaikh Riaz Ahmed, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, and Justice Qazi Mohammad Farooq.

“We are of the view that the education-related qualification is reasonable and not arbitrary or whimsical because firstly, being a step towards transformation of the political culture it is founded on reasonable basis and secondly, it equally applies to all the graduates and does not discriminate any graduate or create a class within the graduates.”

Justice Shaikh Riaz Ahmad, writing for the bench, ruled, “This Court also owes a duty to the posterity. It is a matter of common knowledge that changes in the social, political and economic fields are not brought about at once with a magic wand but involve a journey of thousands miles, which requires a start with the first step.

“The court held that the establishment of a democratic order required utmost responsibility on the part of the elected representatives of the people but the record of most of the elected representatives of the four dissolved national and provincial assemblies spoke volumes about their psyche, lack of education and sense of responsibility.

“The political field was dominated by a coterie of individuals representing a special class of vested interests, which ensured that if not they, their kith and kin were elected as members of the Assemblies.”

The political scenario in Pakistan, the court held, was a sad tale of failures on the part of the public representatives. “We may not go into the past but the 11 years history of the political events is an eye opener. Four National Assemblies in succession were dissolved on the ground of misdemeanour on the part of the government and the party forming it.”

The court stated though it was privilege of the public representatives to side with their party in power but it does not absolve them of their responsibility and look at the degree of responsibility that the 13th and 14th amendments were bulldozed and nobody raised his little finger against the proposed legislation.

These amendments pertained to the constitutional changes and were not germane to the ordinary law. A constitutional amendment requires sane thinking, deliberation and composition, which were totally absent and none took it seriously. In fact what was practised in those years was nothing but parliamentary dictatorship.

“Of course, it cannot be totally attributed to lack of education but nevertheless it was one of the most important factors owing to which the representatives had allowed themselves to be driven by their leaders.”

The court noted the argument that the imposition of educational qualification would not bring about any change because the kith and kin of the old politicians would reach the assemblies. “Be that as it may, there is something known as generation gap. We are confident that the new generation would play their due role in changing the political culture and enhancing the prestige and image of the representative institutions in the polity of nations.”

The apex court rules that there was no doubt that wisdom was not related with degrees but this was an exception to the rule.” Education certainly broadens the vision, adds to knowledge, brings about maturity and enlightenment, promotes tolerance and peaceful coexistence and eliminates parochialism.”