Islamabad: The Senate Standing Committee on Law and Justice met at the Parliament House under the chairmanship of Senator Farooq Hamid Naek to review the Constitutional (Amendment) Bill, 2024, introduced in the Senate on September 9, 2024, by Senator Samina Mumtaz Zehri.
The meeting was attended by Senators Khalil Tahir Sandhu, Shahadat Awan, and Samina Mumtaz Zehri, along with the Secretary Ministry of Law and Justice, Additional Draftsman, and other senior officials.
Senator Samina Mumtaz Zehri briefed the Committee that the proposed legislation seeks to amend Article 62 of the Constitution of Pakistan. The amendment would require holders of key constitutional and executive offices-including the President, Prime Minister, Governors, Chief Ministers, Chairman and Deputy Chairman Senate, Speaker and Deputy Speaker, Federal Ministers, Ministers of State, and Provincial Ministers-to possess at least a graduate-level qualification. This includes a bachelor's degree in any discipline or an equivalent qualification recognized by the Higher Education Commission or under prevailing law.
Chairman Senator Farooq Hamid Naek observed that these offices are filled through public elections or selections by elected representatives as provided under the Constitution. He stressed that any eligibility restrictions must not infringe upon fundamental rights. Referring to past precedents, he noted that a similar educational requirement had previously been struck down by the Supreme Court.
The Chairman added that while the proposal carries positive intent, it could affect the basic structure of the Constitution. He suggested that such conditions, if deemed necessary, might be better addressed through Rules of Business rather than a constitutional amendment.
After detailed deliberations, the Committee decided to seek input from all provinces before making a final decision. Minister of State for Law and Justice, Barrister Aqeel Malik, stated that further progress would be made in accordance with the Committee's decision once provincial feedback is received.
The Committee concluded that, as the matter pertains to national policy, input from all relevant stakeholders is essential for a balanced and inclusive approach. Other agenda items were deferred to the next meeting due to the absence of their respective movers.