A three-judge bench of the Supreme Court has ruled that electoral laws must be interpreted by courts in favour of enfranchisement rather than disenfranchisement so that maximum choice remains with the voters to elect their future leadership.

“The aim of prescribing qualifications and disqualifications (under Articles 62 and 63 of the Constitution) for candidates to contest elections is to maintain the integrity and effectiveness of the political process,” observed Justice Syed Mansoor Ali Shah in a judgement he wrote.

These criteria are designed to ensure that individuals holding public office meet certain standards, Justice Shah observed, adding that in a well-functioning democracy, the criteria for qualifications and disqualifications were clearly defined, publicly known and uniformly applied.

Courts should deal with the matters of acceptance or rejection of the nomination papers with this approach, which is rooted in the constitutional rights and values, Justice Shah wrote.

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