Abolishment of Graduation Clause
By Brig. (r) Junaid Zaman • Apr 21st, 2008 • Category: Politics • 3 Comments •Aside of the legal mumbo jumbo, which says that the the condition of graduation is in clash with the Article 17 and 25 of the Constitution and so it is abolished, the thing is that it really makes no difference at all as far as the caliber and level of our legislatures is concerned.
Graduate members or no graduate members, you would see the same rowdiness and same indiscipline in the assembly. Education doesn’t guarantee that you would get a decent man or women and decency doesn’t require the condition of education.
It was said, when this condition was introduced by General (r) Musharraf that it would keep the ignorant Jagirdars out of the system and would enable the common Pakistanis to come forward. Either we are utter fools or the President was living in fools’ paradise.
Only a handful of Pakistanis are graduate and given the high costs and difficult access to the education, only the elite and rich can afford a quality education while the huge majority of Pakistanis remain deprived of it.
So it doesn’t make much difference in the past, now or in the near future. It seems that the motives are something else and this sudden abolishment is to reward some specific person.
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Brig. (r) Junaid Zaman
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In 2002, through Article 8(A) of the Chief Executive Order No 17, Section 99 (1)(CC)was inserted into the Representation of Peoples Act 1976, requiring a contesting candidate to be at least a graduate, in any discipline or holder of a degree recognized by the Higher Education Commission.
The government on Friday informed the Supreme Court that the condition of graduation for legislators imposed by President Pervez Musharraf in 2002 was discriminatory in nature because it had created a class within society by disenfranchising 97 per cent of the people.
“Democracy comes with votes but if voters are to elect only three per cent of their population, it will be discriminatory,”
Attorney General Malik Mohammad Qayyum further added that a great statesman like Winston Churchill was not a graduate, but he was a great leader.
Presenting data on the number of graduates in the country, the attorney general said that only 1.4 per cent people (over 2.5 million) of the total population of 160 million were graduates, although they constituted a little over 3.2 per cent of the total number of registered voters (68.1 million).
The province-wise break-up suggests that Punjab has the highest number of graduates with over 1.2 million, while the NWFP has over 200,000 graduates, Fata 10,000, Sindh 800,000, Balochistan 58,000, Islamabad over 73,000 and Azad Jammu and Kashmir 52,000.
“It is the basic right of every citizen to be educated but it will be highly unreasonable to disenfranchise 97 per cent of its people, especially when the state is not providing equal opportunity of education to everyone,” the attorney general said.
Dr Aslam Khaki, an Islamic jurist, as a party in the case moved an application, supporting the graduation condition by highlighting the need for competence to hold high public offices.
“My fundamental right as a citizen will be infringed if I am not represented by capable people in the assemblies,”
Advocate Senator Kamran Murtaza, legal counsel for the petitioners, said that legislators were conscious while incorporating the graduation condition that it was meant only for the 2002 elections.
Besides, Article 62 of the Constitution which dealt with the qualification of members to become parliamentarians did not prescribe any such condition, he added.
“The graduation condition violates Article 17 (freedom of association) and Article 25 (equality of citizens) and it is strange that voters can vote but not participate in elections.
The condition also gives an upper hand to the urban elite over rural people who do not have the equal chance of getting education,” he argued.
A seven-judge bench of the Supreme Court comprising Chief Justice Abdul Hameed Dogar, Justice Faqir Mohammad Khokhar, Justice Ijaz-ul-Hassan, Justice Mohammad Moosa K. Leghari, Justice Chaudhry Ejaz Yousaf, Justice Syed Sakhi Hussain Bukhari and Justice Syed Zawwar Hussain Jaffery took up a joint petition challenging the graduation condition moved by citizens Mohammad Nasir Mehmood and Shameer Ahmed.
Justice Khokhar described the law as “hostile discrimination”.
Justice Khokhar observed that although Section 99 (1) (CC) and Article 8(A) were extra-constitutional measure, these were protected by virtue of the Sixth Schedule of the Constitution and Article 270AA (validation clause) and, therefore, could not be changed without the consent of the president.
“By hitting Article 270AA, the entire structure of extra-constitutional measures taken by President Pervez Musharraf, including enhancing the number of women seats in parliament will collapse,” he observed.
The court is expected to announce its verdict on Monday.
In the mean time election commission has extended the date for submission of application for secondary election.
Reference: dawn news, dated, 19 march, 2008, Graduation condition termed ‘hostile discrimination, by Nasir Iqbal
Discussion:
Astonishingly, these are the abstract from the individuals that are expected and supposed to be the most honorable and literate office bearer of prestigious institution of the country.
Although the full discussion is out of the capacity of the writer but if I keep a closer look at these abstract ,motives and subject can easily be sort out ,as to why this system of deliberate indulgence of desire is been in discussion.
Paving the way for entry in to the command position of the country with a profile of illiteracy is the height of negligence by these commentators and agents of establishment.
Calculating and weighing every element on the platform of basic rights explains their irrational behavior towards the progress of the country.
Expressing the legitimate issue in the contest of hostile discrimination is a real bias attitude with the generation that has given their progeny their lives to get to the table of literacy and intelligence.
Mr. Qayyum, by all his body move and exemplified behavior and past in a real sense compete as a person that can hold the chair and king of illiterates but before arguing such principles discussion, this is his duty that such arguments are discernable to his own self and his upcoming generation.
Similar remarks of honorable judge Mr. Khokhar are also very astonishing, who in my opinion has reached his full payment of service.
If at the level of such an honorable office his opinion reflect such immaturity as he could not differentiate between educated and uneducated person than in my opinion, he should ideally be asked to give way to a person who is not graduate as the assemblies are as honorable as the office of a judge, and we are willingly accepting such a person at his place as it is the thinking that counts ,and such action from insane and uneducated person is desirably approved .
I know by virtue of my family profession that, such endorsement comes under the act of contempt’s, but my point is to ignite and halt what is been deliberately destined by these villains as our fate and future .
Being citizen, it’s our duty to highlight what is unfair and traumatic to the society, and if the subject that I am criticizing has some invalid reservation explanation of the contest for such breach needs explanation in the eyes of nation.
Irrational ingenuine justification in the name of violation of rights will definitely stakes the nation at disaster as all such elements who were halted because of their illiteracy to enter in to the institution that has to, initiate, manage, plan and execute future of all our belongings ,will again gain a all time entry .
Declaring all measures taken previously as extra constitutional and deliberately supporting and accepting and ignoring these measure, so to avoid derangement that can be initiated due to manipulation ,explains legitimate acceptance thereby award protection to any such change that can reappear or will be reinforced in future by these all time dictators.
How can a person, with no stance in the field of education and qualification can be rewarded such a critical office of public, where decisions owing to integrity, and policies with regard to nation and public are formulated.
In my opinion our assembly should be upgraded as a institution and only personalities that bears post graduate qualification in esteemed subjects of essential ministry be allowed to participate as contestant .
Regulation as dress code, speech and getup must be the part and parcel in the form of code of conduct.
It’s very astonishing to see, a defense minister who hardly beers a minor qualification on the subject, as defense minister.
Similarly health minister and interior minister hardly bear qualification as expert in the field.
No person who qualifies as basic knowledge bearer in the field of political science, international relation, business administration and law be eligible to forward his docus as contestant in the assembly.
Assembly is the institution that is directly related to the fate and future of country.
It’s a place where law and legislation are laid down and promulgated.
A person with such a low backup knowledge can not withstand and can not even interpret the theme, background, plan,suggest,execute and forecast in a calculated and well behaved manner.
We have enough of display in the form and format of sacrifice of merit and qualification, and award of such important positions in the name of political awards and incentives.
How can we hold these important offices from the dust and damp of these ill qualified minimally exposed, un-educated, constrictive, linear thinker, with an expressionless dumb and deaf attitude, because of their inability to perceive, pretend, engulf, and execute decision, as these abilities becomes the part only when person qualifies through education system.
If our prestigious office holders would let these all time executioner to manipulate and implement their motives without resistance, our society would be at the disastrous level of stake and there would be no place for these individual to play such in human ,un genuine games that has been their all time leisure .
Surprisingly,our so called outspoken media,that always takes over every exciting issue related to ploitics is still unaware of the responsibility ,perhaps deliberately ,as the element of society responsible to curtail and restrain all nuisance that affects the population and system at large.
Pakistan is at the verge of unforeseen disaster and if these habitual, incentive seekers are not forbidden, they will definitely breach every institution in to piece meal.
May god bless Pakistan .
its on air now that judges have accepted the legality of the version that this country is and will be run by under graduate and population that could not get access to the education.as such ,it means that all institute including judiciary will be available to be freely inducted or appointed as judge or attorney general. only god can getpakistan out from these stake holders.
It really does not matter.