Dual nationality issue
THE Indian members of judiciary who are criticising Pakistan’s chief justice should read the decision of his own Supreme Court. I quote “In the Kesavananda Bharati vs state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including fundamental rights can be amended. However, the parliament cannot alter the basic structure of the constitution like secularism, democracy, federalism, separation of powers.” Often called the ‘basic structure doctrine’, this decision is widely regarded as an important part of Indian history. In the 1978 Maneka Gandhi vs Union of India case, the Supreme Court extended the doctrine’s importance as superior to any parliamentary legislation.
According to the verdict, no act of the parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of fundamental rights was regarded as a unique example of judicial independence in preserving the sanctity of fundamental rights.
The fundamental rights can only be altered by a constitutional amendment; hence their inclusion is a check not only on the executive branch, but also on the parliament and state legislatures.
Since judiciary in Pakistan represents the last hope for the people and trust for the state of Pakistan, therefore, there is need to support the judiciary and the chief justice with open suggestions to respect the rule of law.
MUKHTAR AHMED BUTT
Karachi
Conflict of interest
THE basic principle involved in the case against allowing dual nationality is that in case of conflict of interest between the countries involved, the loyalty of such persons could be suspect towards one of the two countries, which is most likely to be Pakistan, because of huge attraction of building up and safeguarding investments abroad, and few consequences of ditching Pakistan.
It is claimed by some that since the government has allowed overseas Pakistanis, some with dual nationality, to vote in Pakistani elections, permitting them to compete for various assembly positions would be the logical next step.
Allowing dual nationals to hold important positions through assembly or other routes could enable foreign governments to exercise control over Pakistan through their puppets installed here.
Pakistanis with dual nationality can and do help the country in lots of ways, one of which is remitting part of their earnings abroad to Pakistan which forms a major portion of our foreign exchange inflow.
They could turn around Pakistan provided we get sincere and capable leaders.
S.R.H. HASHMI
Karachi
The views stated by the both writers are correct but who will realize the present governing leaders of the state.
They do not have any sympathy with the country. They protect their own interest and benefits and enjoy having dual nationality which make them easier to transfer money and family at the time of risk. Most of the people residing abroad belong to working class and do not ahve dual nationality. They make a big soruce of foreign excahnge for the country and do not have any interest to become President PM and Others position in the country. They deserve encouragement and be allowed casting vote for election.
However we believe that all legislitation made by Assembly/Parliament if against basic constitution shall be forfieted by the Honorable Supreme Court .
Dual nationals are true servants of this nation. They should have the right to run for office.
Dual nationality comes only after the individual is very clear about his/her identity. That is the starting point. As for nationality is concerned it is a "political" aspect of the individual, not the cultural and not the spiritual, which are also part of the identity.
There will not be any problem about this issue if one is honest with oneself. All those living outside Pakistan know the reason why they migrated and left their homeland. Their loyalities must lie in the country of their residence. That is what honesty demands. However, one can come up with many excuses and reasons for not remaining loyal to your "second home", whether in terms of culture or religion. Those are all excuses.
MAV
Sweden
I fully agree with Mukhtar Ahmed Butt.
The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously however India has of late fixed the dual nationality problem by granting Overseas Citizenship of India (OCI) commonly known as 'Dual Citizenship'.
Persons registered as OCI have not been given any voting rights and are not eligible for election to Lok Sabha /Rajya Sabha / Legislative Assembly/ Council or for holding Constitutional posts such as President, Vice President, Judge of Supreme Court/High Court etc.