Article 63 of the Constitution of Pakistan is the mirror image of Article 62: where 62 lists who may sit in Parliament, 63 lists who may not. From insolvency to loan defaults to convictions, this guide explains every disqualification in plain language.
Quick answer: Article 63 disqualifies a person from Parliament for unsound mind, undischarged insolvency, foreign citizenship, holding an office of profit, convictions for offences against Pakistan’s ideology or involving moral turpitude, dismissal from government service for misconduct, unpaid loans of Rs 2 million or more, and several other grounds. Most conviction-based disqualifications expire five years after release.
In this guide
The Disqualifications, Clause by Clause
Article 63(1) opens: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if—” Note the wording: it applies both to candidates and to sitting members.
63(1)(a) — Unsound mind
Disqualified if “of unsound mind and has been so declared by a competent court”. A medical condition alone is not enough; a court declaration is required.
63(1)(b) — Undischarged insolvent
A person declared bankrupt by a court who has not been discharged cannot sit in Parliament — the logic being that someone who cannot manage their own finances should not manage the nation’s.
63(1)(c) — Foreign citizenship
Ceasing to be a Pakistani citizen, or acquiring the citizenship of a foreign state, is an automatic disqualification. Dual nationals must renounce foreign citizenship before contesting.
63(1)(d) and (e) — Offices of profit and government service
Holding “an office of profit in the service of Pakistan” (other than offices exempted by law), or being in the service of a statutory body or a government-owned or controlled body, disqualifies a person. Sitting civil servants must resign before contesting.
63(1)(g) — Offences against the ideology of Pakistan
Conviction by a competent court for “propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan” — or for defaming or ridiculing the judiciary or the armed forces. The disqualification lifts five years after release.
63(1)(h) — Moral turpitude
Conviction for an offence involving moral turpitude with a sentence of at least two years’ imprisonment. Again, the bar lifts five years after release.
63(1)(i) and (j) — Dismissal from service
Dismissal, removal or compulsory retirement from the service of Pakistan or a government-controlled corporation on grounds of misconduct — disqualification lasts five years from dismissal.
63(1)(k), (l) and (m) — Service, contracts and offices
Being in government service, holding a government supply or service contract (with exceptions), or holding an office of profit (with exceptions) — the conflict-of-interest clauses.
63(1)(n) — Loan defaulters
Anyone who obtained a loan of Rs 2 million or more and failed to repay it within a year of the due date. This clause was aimed at the politically connected defaulters of the 1990s.
63(1)(o) — Government dues
Owing the government Rs 10,000 or more — taxes, utility bills or other dues — unpaid for six months after they fall due.
63(1)(p) — Disqualified under any other law
A catch-all: disqualification under any valid law (other than Articles 89 and 128 ordinances) also bars a person from Parliament.
Time Limits: The Five-Year Rule
Unlike Article 62(1)(f) — whose text sets no time limit — most Article 63 disqualifications are expressly temporary. Convictions under clauses (g) and (h), and dismissals under (i) and (j), cease to disqualify five years after release or dismissal. This asymmetry was central to the Supreme Court’s January 2024 ruling that 62(1)(f) disqualification could not be for life: the Constitution’s own scheme treats even serious convictions as temporary bars.
How Disqualification Works in Practice
Disqualification is not automatic on accusation — it requires the trigger each clause specifies (a court declaration, a conviction, a dismissal order). In practice the process runs through three stages: the returning officer scrutinises nomination papers; election tribunals hear objections from rival candidates; and the High Courts and Supreme Court (under Article 185) give final rulings. A sitting member disqualified mid-term loses their seat, and a by-election follows.
Frequently Asked Questions
What is the main difference between Article 62 and 63?
Article 62 sets out the positive qualifications for Parliament (citizenship, age, character); Article 63 sets out the disqualifications (insolvency, foreign citizenship, convictions, loan defaults and the like). A person must satisfy Article 62 and fall under none of Article 63’s clauses.
How long does disqualification under Article 63 last?
Most conviction- and dismissal-based disqualifications last until five years after release or dismissal. Permanent bars apply to matters like unsound mind (until the declaration is lifted) and loss of citizenship.
Can a loan defaulter become an MNA?
Not while the default stands: Article 63(1)(n) disqualifies anyone who took a loan of Rs 2 million or more and failed to repay it within a year of the due date.
Can a government employee contest elections?
Only after leaving service. Articles 63(1)(d), (e) and (k) disqualify anyone holding an office of profit or in the service of Pakistan or a government-controlled body.
Related Guides
- Article 62 of the Constitution of Pakistan: The Complete Guide — the hub for this cluster
- Article 62 Explained Clause by Clause — the qualifications
- Article 62 vs Article 63 — side-by-side comparison
- Constitution of Pakistan 1973 — the full document
