Graduation condition against basic rights: AG
By Asim Hussain

ISLAMABAD—Attorney General Malik Muhammad Qayyum Friday told the Supreme Court that the graduation condition has deprived about 97 per cent population of the country from contesting elections, which is contrary to the fundamental rights guaranteed in various articles of the Constitution.
Only 1.4 percent of the country’s 160 million people and less than four percent of 68.1 million total registered voters were graduates, he said during the hearing of a petition challenging the B.A. degree condition. The AG said that only three per cent people out of the registered voters were eligible to take part in the elections to the Parliament and provincial assemblies.
He said the restriction was imposed through an “extra constitutional legislation” and gave various references in favour of the petition seeking removal of the graduation condition for contesting elections.
The condition will create a new class of rulers and “elite democracy,” he said adding that surprisingly one who did not have the B.A. degree could cast vote but could not contest election.
Malik Qayyum pleaded that the should be removed in the larger interest of the public. The seven-member bench directed the Attorney General to submit complete data about total population, registered voters and registered graduates, especially province-wise, at the next hearing on Monday. The bench comprising Chief Justice Abdul Hameed Dogar, Justice Faqir Muhammad Khokhar, Justice Ejaz-ul-Hassan, Justice Moosa K. Leghari, Justice Ch.Ijaz Yousaf, Justice Syed Zawwar Hussain Jaffery and Syed Sakhi Hussain Bukhari is hearing the constitutional petition.
Kamran Murtaza advocate, representing the petitioners Muhammad Nasir Mehmood of Faisalabad and Shameer Ahmed of Zahir Peer, district Rahim Yar Khan, said that the condition was imposed through an ordinance amending the Representation of peoples Act and was only meant for general elections held in October 2002. So, the ordinance was no more in the field after the general elections of 2002, he said.
The Chief Justice said that the condition of graduation was not included in Articles 62 and 63, which relates to the qualification and disqualification of a candidate to become member of the Parliament and provincial assemblies.
Justice Faqir Muhammad Khokhar observed that the ordinance was given protection in Article 270 AA of the Constitution through 17th Amendment.
The bench asked the counsel to prove first that the restriction affects the fundamental rights and that the petition relates to public interest. Justice Faqir Muhammad Khokhar observed that special seats were allocated for graduates in India but non graduates could also contest election.
For example, special seats were allocated for women and the same time women can also contest for general seats, Justice Faqir Muhammad Khokhar said.
Earlier, Muhammad Aslam Khaki submitted a Civil Miscellaneous Application (CMA) pleading that the legislation for imposing condition of graduation was a right legislation and it should stay in the constitution for candidates as every job or profession requires certain qualification.