Overview of Article 223 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, serves as the guiding document for the nation’s governance. Among its many articles, Article 223 stands out for its provisions regarding the eligibility and membership of individuals in legislative bodies. This article strategically addresses the potential conflicts that may arise when an individual seeks dual or multiple memberships.
Article 223 States
223. Bar against double membership
- No person shall, at the same time, be a member of,
- both Houses; or
- a House and a Provincial Assembly; or
- the Assemblies of two or more Provinces; or
- a House or a Provincial Assembly in respect of more than one seat.
- Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last.
Explanation:– In this clause, “body” means either House or a Provincial Assembly.
- A person to whom clause (2) applies shall not take a seat in either House or the Provincial Assembly to which he has been elected until he has resigned all but one of his seats.
- Subject to clause (2), if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat.
Key Points of Article 223 of the Constitution of Pakistan
- Bar against Double Membership: Article 223 (1) makes it explicit that anyone may not simultaneously hold legislative memberships with both Houses, both Houses and a Provincial Assembly, or assemblies from various provinces. Furthermore, individuals cannot hold more than one seat within each House or Provincial Assembly.
- Exception for Candidacy: Clause (2) introduces an exception allowing individuals to be candidates for multiple seats concurrently. However, if elected to more than one seat, the individual must promptly resign from all but one seat within 30 days after the declaration of the result for the last such seat.
- Explanation of “Body”: The article provides an explanation, clarifying that “body” in this context refers to either the House or a Provincial Assembly, offering a precise interpretation for better understanding.
- Restrictions on Taking Seat: Clause (3) stipulates that individuals subject to clause (2) cannot assume a seat in either House or the Provincial Assembly until they have resigned from all but one of their seats, reinforcing the commitment to single membership.
- Vacancy for First Seat: Clause (4) establishes that if a member becomes a candidate for a second seat, which is incompatible with the first, the first seat automatically becomes vacant upon election to the second seat.
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Crux of Article 223 of the Constitution of Pakistan
At its core, Article 223 aims to maintain the integrity of legislative bodies by preventing individuals from exerting influence and making decisions in multiple forums simultaneously. This serves the dual purpose of ensuring undivided loyalty to the constituents represented and avoiding potential conflicts of interest that may arise from dual membership.
The provision strikes a balance by allowing individuals to contest multiple seats but mandates a prompt decision on which seat to retain upon election. This ensures that elected representatives fulfill their responsibilities with dedication and focus, addressing the evolving needs of their constituents.
Conclusion: Article 223 of the Constitution of Pakistan
In conclusion, Article 223 of the Constitution of Pakistan plays a pivotal role in shaping the legislative landscape of the country. By clearly delineating the boundaries of permissible memberships and introducing mechanisms for timely resignation in case of multiple victories, the article strikes a balance between democratic representation and responsible governance. It reflects the framers’ commitment to upholding the principles of fairness, transparency, and the efficient functioning of the legislative process.
As we explore the intricate details of Pakistan’s 1973 Constitution, Article 223 stands as a testimony to Pakistan’s commitment to democratic values and fostering an efficient governance system. It remains a central feature of its legal framework, providing guidance for elected representatives as they represent their constituents during legislative procedures and safeguarding legislative integrity.
