Article 62 of the Constitution of Pakistan: Clauses Explained

Article 62 of the Constitution of Pakistan is the entry test for Parliament: it defines who is qualified to be elected to the Majlis-e-Shoora. Its most famous clause — 62(1)(f), the “sadiq and ameen” test — has decided the fate of prime ministers. This guide explains the article clause by clause, in plain language.

The Seven Clauses Explained

Article 62(1) states that a person “shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament)” unless they meet each condition:

62(1)(a) — Citizen of Pakistan

The candidate must hold Pakistani citizenship. Acquiring a foreign citizenship triggers disqualification separately under Article 63(1)(c).

62(1)(b) and (c) — Age and voter enrolment

A National Assembly candidate must be an enrolled voter anywhere in Pakistan and at least 25 years old; a Senate candidate must be at least 30. These are the only purely objective tests in the article.

62(1)(d) — Good character

The candidate must be “of good character and not commonly known as one who violates Islamic injunctions”. Legal scholars note this is reputation-based — it turns on what a person is “commonly known” as, not on a conviction.

62(1)(e) — Islamic knowledge and practice

Requires “adequate knowledge of Islamic teachings”, practice of the obligatory duties prescribed by Islam, and abstention from major sins. In the 2013 elections, returning officers made headlines by questioning candidates on religious knowledge under this clause.

62(1)(f) — Sagacious, righteous, honest and ameen

The most litigated words in the Constitution. See the dedicated section below.

62(1)(g) — Loyalty to Pakistan

The candidate must not, after the establishment of Pakistan, have “worked against the integrity of the country or opposed the ideology of Pakistan”.

Article 62(2) adds that Parliament may prescribe further qualifications by Act — the constitutional basis for the detailed nomination-paper requirements in the Elections Act 2017.

Clause (f): “Sadiq and Ameen” in Detail

The full text: “he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.” Each word carries weight — sagacious (wise in judgement), righteous (morally upright), non-profligate (not wasteful or extravagant), honest and ameen (truthful and trustworthy; ameen was the title of the Prophet Muhammad (PBUH) in Mecca).

The final phrase is the enforcement mechanism: a court declaration that a person fails this test disqualifies them. That is what happened on 28 July 2017, when the Supreme Court declared Nawaz Sharif not “honest and ameen” in the Panama Papers case and removed a sitting prime minister from office.

History: Where the Clauses Came From

The 1973 Constitution as originally passed contained only the objective qualifications — citizenship, age, enrolment. The character and religious clauses were inserted by General Zia-ul-Haq through the Eighth Amendment in 1985, part of the Islamisation of the constitutional order. Critics, including constitutional scholars at LUMS, have long argued the clauses were designed for the “political victimisation and witch-hunting of legislators” — subjective tests that could be deployed against opponents. Defenders say they reflect the Islamic character of the republic proclaimed in the Objectives Resolution (Article 2A).

The Cases That Matter

• Panama Papers case (28 July 2017): Nawaz Sharif disqualified under 62(1)(f) for non-disclosure of assets — the clause’s most consequential use.
• Sami Ullah Baloch case (2018): the Supreme Court ruled 62(1)(f) disqualification lasts for life, barring Sharif and Jahangir Tareen permanently.
• January 2024 verdict: a seven-member bench ruled 6–1 that the lifetime reading was wrong. The Court reasoned that the Constitution does not permanently disqualify even convicted criminals under Article 63, so it cannot permanently disqualify on the vaguer character tests of Article 62. The disqualification period is now set by electoral law — five years under the amended Elections Act 2017.

Frequently Asked Questions

What is the qualification age for the National Assembly of Pakistan?

25 years, under Article 62(1)(b). A candidate must also be enrolled as a voter in Pakistan. For the Senate the minimum age is 30 under Article 62(1)(c).

Can a dual national contest elections in Pakistan?

No. Article 62(1)(a) requires Pakistani citizenship, and Article 63(1)(c) disqualifies anyone who acquires foreign citizenship. Candidates holding dual nationality must renounce it before contesting.

Who decides whether a candidate is “sadiq and ameen”?

Returning officers scrutinise nomination papers at election time, election tribunals hear objections, and ultimately the courts decide — a declaration by a court of law to the contrary is what triggers clause (f).

Was Article 62 in the original 1973 Constitution?

The article existed, but the character clauses (d) through (g) were added by the Eighth Amendment in 1985 under General Zia-ul-Haq. The original text covered only citizenship, age and voter enrolment.