SC overturn 2022 ruling on defection clause under Article 63(A)
The Supreme Court has reversed its 2022 ruling concerning Article 63(A) of the Constitution, which prevented lawmakers from voting against their party’s directives in parliament.
A five-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, announced this unanimous decision while addressing a petition from the Supreme Court Bar Association (SCBA).
This case relates to a previous ruling in which the court stated that votes cast by parliamentarians who deviated from their party’s guidance should be invalidated.
The new judgment arrives as the coalition government is working to advance controversial constitutional amendments opposed by the opposition.
Read More: https://buraknews.com/cjp-isa-rejects-ptis-baseless-objection-to-article-63-a-bench-formation/
In 2022, Pakistan Tehreek-e-Insaf (PTI) government had submitted a reference requesting the Supreme Court’s interpretation of Article 63(A) to combat defections and enhance the electoral process.
As a result, the court gave a 3-2 decision opposing defections, emphasizing that lawmakers are required to follow their party’s policies when casting their votes. The majority included then-CJP Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib, while Justice Mandokhail and Justice Mazhar dissented.
Subsequently, the SCBA sought a review of the Supreme Court’s decision regarding the counting of dissidents’ votes, arguing that while such lawmakers should be removed from office, their votes ought to be counted in accordance with the Constitution.
The SCBA contended that the court’s ruling on not counting dissidents’ votes contradicts the Constitution and constitutes an interference in its principles.
