ISLAMABAD: In what may come as a nightmare for many, the Election Commission (EC) has started enforcing a law that bars dual-nationality holders from becoming members of parliament.According to official sources, candidates in the by-election for a Senate seat from Khyber Pakhtunkhwa, to be held on Jan 4, will be required to submit a declaration with their nomination papers that they have not acquired the citizenship of any other country.

Candidates in subsequent by-polls and the Senate elections likely to be held in March will also be asked to disclose whether they hold dual nationality or not, the sources said.

Under Article 63-1(c) of the Constitution, a person is disqualified from being a member of parliament if he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.

An official said a summary proposing an amendment to the People’s Representation Act to add a column in nomination papers seeking information about dual nationality from candidates had been moved.

Law Minister Maula Bakhsh Chandio said his ministry was working on the summary.

Speaking in the National Assembly on Monday, he said changes to the law would be made by March to make it mandatory for candidates to submit a declaration that they did not hold a foreign nationality.

Election Commission Secretary Ishtiak Ahmad Khan said letters had been written to the secretaries of the Senate, National Assembly and provincial assemblies, seeking details of legislators holding dual nationality.

He said the Election Commission could not act on its own, even if it got the details. “We can only proceed against a member on receipt of a reference from the respective house or on the basis of a court verdict.”

Talking to this reporter, constitutional expert S.M. Zafar said the disqualification clause also applied to the incumbent lawmakers.

He said those concealing this to retain their position could not be expected to voluntarily resign, but some one having information about any lawmaker holding dual nationality could challenge his eligibility.

He said those found guilty of concealing this information would not only be liable for disqualification, but also a trial for commission of corrupt practices.

In reply to a question, he said the Election Commission could write letters to the Senate chairman and speakers of the assemblies to seek details of lawmakers holding dual nationality. “If they sit together, they can think of a procedure to find out details of the legislators holding foreign nationalities.”

He said the disqualification clause was also applicable for members of the provincial assemblies.

He welcomed the Election Commission’s decision to enforce the law and said the constitutional clause must be implemented.

Another constitutional expert, Syed Zafar Ali Shah, was of the view that incumbent lawmakers holding dual nationality were not eligible to continue to hold the status after the 18th Amendment.

He said such parliamentarians were morally bound to resign from their seats and renounce their foreign nationalities to qualify to contest future elections.

He said it was the duty of political parties to seek details of their lawmakers’ nationalities.

An official of the Election Commission said there were reports about a number of lawmakers who were concealing their dual nationality. He said the commission did not have the data about sitting parliamentarians who held dual nationality.