Case Article 63-A: Counsel for PTI founder abstains from Supreme Court hearing
A fresh five-member bench, led by Chief Justice of Pakistan Qazi Faez Isa and including Justices Ameenuddin, Jamal Mandokhel, Mazhar Alam Miankhail, and Naeem Afghan, adjudicated the case. The establishment of the new bench followed Justice Munib Akhtar’s recusal from the proceedings.
Yesterday, a tumultuous incident occurred in the Supreme Court of Pakistan when Mustafin Kazmi, a representative of PTI, was instructed to exit the courtroom by the Chief Justice following heightened tensions.
The CJP said, “Contact the police and remove this individual,” after a verbal confrontation with Kazmi.
Petition for Review of SCBA
In 2022, the Supreme Court Bar submitted a petition to the supreme court requesting a review of the court’s interpretation of Article 63-A in the Presidential Reference.
The Bar petitioned the court to reconsider the paragraph of its opinion in the presidential reference concerning the exclusion of dissident members’ votes and to retract that opinion. The SC Bar contended that excluding the votes of defecting members contravenes the constitutional spirit. The petition states, “The Supreme Court’s opinion constitutes an intervention in the constitution.”
The Supreme Court Bar stated in its appeal, “Article 63-A stipulates that defecting members may only be de-seated.”
Justice Naeem Afghan succeeds Justice Munib in the Article 63-A case.
The federal government and the election commission have been made parties to the case.
On May 17, the Supreme Court ruled that the votes of defecting members will not be considered in Parliament, as per its interpretation of Article 63-A.
The ruling was split, with a 3-2 majority, rendered by a five-member bench of the Supreme Court led by Chief Justice Umar Ata Bandial. The Chief Justice stated that shifting allegiances inside parliament undermines the integrity of democracy.
What does Article 63-A entail?
Article 63-A of Pakistan’s Constitution addresses the repercussions for legislators who defect from their political parties.
Should a legislator vote or abstain from voting contrary to their party’s directives on three significant occasions;
Appointment of the prime minister or chief minister
Vote of confidence or vote of no confidence
Monetary legislation or a constitutional amendment bill
Should a party chairman suspect that a lawmaker has defected, they are required to submit a formal declaration to the speaker, who thereafter relays it to the chief election commissioner (CEC). The CEC has 30 days to validate the declaration, after which the legislator’s position will be rendered vacant.