ISLAMABAD : The Supreme Court of Pakistan (SCP) on Tuesday announced its historic decision in the presidential reference in article 63-A of the constitution and declared that the vote of the parliamentary party members who crossed the partyline will not be counted.
The apex court announced the decision in the presidential reference case ,seeking interpretation of article 63-A of the constitution.
President , Dr Arif Alvi, had asked the following questions from the SCP in his reference.
Can defected parliamentarians be allowed to vote?
Will defected MPs vote be given equal weightage?
Can defected MPs be disqualified for life?
Others measures that can be taken to curb vote-buying.
The apex court gave decision by 3-2 . In the majority verdict, Chief Justice of Pakistan (CJP ) Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar agreed that dissident members’ votes should not be counted, while Justice Jamal Mandokhail and Justice Mazhar Alam Khan Miankhel disagreed with the decision .
The apex court in its decision said the parliamentary party
members can not deviate from the party guideline and cast vote against its decision . The apex court referred the question of lifelong disqualification of dissident members to the parliament.
The president had submitted the reference to the apex court to seek its interpretation of article 61 (A) of the constitution in March last.
What is Article 63(A)?
Article 63(A) of the Constitution of Pakistan deals with the defection of parliamentarians.
According to the article, a lawmaker can be disqualified on the grounds of defection if they vote or abstain from voting in the House contrary to any direction issued by the parliamentary party to which they belong.
However, this is restricted to three instances where they have to follow the party’s directions:
Election of the prime minister or chief minister;
Vote of confidence or a vote of no-confidence;
Money bill or a Constitution (amendment) bill.
A group of then ruling party of Pakistan Tehreek e Insaf (PTI), comprising around two dozens members national assembly had expressed its dissatisfaction over its party chief, Imran Khan,but none of them voted against the party discipline for no confidence motion . Hence, the apex court’s Tuesday’s decision will neither have any fallout on prime minister , Shahbaz Sharif’s government nor will it disqualify to any dissident members national assembly of the PTI. However , the apex court decision will have direct fallout on Hamza Shahbaz’s election as chief minister of Punjab.
The apex court’s decision in the case has given moral edge to the PTI and its chief , Imran Khan. who welcome the decision of the SCP in the case and thanked it for giving a historic decision against the. ‘ lotas’. The PTI chief demanded of the apex court to take the cases of corruption of the Sharifs .
The ruling alliance also had threadbare discussion on the apex court decision in the case in its meeting held here. The ruling alliance also discussed the possible impact of the apex court judgement on the Punjab government.
