The Supreme Court on Monday remarked that it would form a larger bench to hear a presidential reference filed by the government for the interpretation of Article 63-A of the Constitution, that deals with the disqualification of party members on grounds of defection.

After issuing show-cause notices to at least 14 dissident MNAs of the Pakistan Tehreek-e-Insaf ahead of the no-confidence motion against Prime Minister Imran Khan, the federal government filed a presidential reference in the Supreme Court for the interpretation of the stated article of the Constitution.

The apex court made these remarks while hearing a case related to the Supreme Court Bar Association's plea which sought peaceful execution of no-confidence vote proceedings in the National Assembly. It also sought to prevent a likely clash between the opposition and the government workers ahead of the no-trust move in the federal capital.

A two-member bench headed by Chief Justice of Pakistan Umar Atta Bandial and comprising Justice Munib Akhtar was heard the SCBA case.

Attorney General Khalid Javed Khan filed the presidential reference in the Supreme Court on behalf of President Arif Alvi, seeking its opinion on the interpretation of Article 63-A that deals with the disqualification of party members on grounds of defection and whether that disqualification would be for life or that particular term.

Could the lawmakers who have committed defection be disqualified for lifetime as the period of disqualification is not mentioned in Article 63-A, the presidential reference stated.

The reference also seeks the court's verdict on whether the MNAs could be barred from voting against party policy and whether their vote could be counted. Can the vote of lawmakers who are engaged in act of defection be “counted and given equal weightage”? Or can those votes be excluded from the vote count? read the presidential reference filed by the government.

It has also sought the apex court's interpretation on measures to bar horse-trading. What measures could be undertaken within the Constitutional framework to “curb, deter and eradicate the cancerous practice of defection, floor crossing and vote buying”? according to the reference.

The PTI made the decision to file the reference after it surfaced last week that dissident lawmakers of the ruling party were at the Sindh House in Islamabad. The dissidents claimed they had shifted there due to safety fears following a crackdown on the Parliamentary Lodges by the Islamabad police against the Jamiat Ulema-e-Islam-Fazl MNAs on March 10.

Disgruntled PTI lawmakers find 'refuge' in Sindh House Islamabad

PM Imran and the PTI leadership have accused the dissident leaders of being "turncoats" while claiming that PPP was offering them money in return for their support in the no-trust vote seeking Imran's ouster.

Article 63-A

According to Article 63-A, a parliamentarian can be disqualified on grounds of defection if he "votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill".

Article 63-A further states that the party head is liable to seek an explanation from the lawmaker concerned regarding the reasons for defection. After providing the lawmaker the opportunity to show cause, the party head can declare in writing about the lawmaker's defection and forward it to the speaker.

The speaker will forward the declaration to the chief election commissioner, who will then have 30 days to confirm the declaration. If confirmed by the CEC, the member "shall cease to be a member of the House and his seat shall become vacant".

The member can then appeal the CEC's decision in the Supreme Court.