The Pakistan Tehreek-e-Insaf (PTI) has prayed to the Supreme Court to declare that any sort of defection by the members of the National/ Provincial Assemblies would amount to imposing a lifetime ban from contesting election.

Former Prime Minister and Chairman Pakistan Tehreek-e-Insaf Imran Khan Niazi on Thursday filed a petition under Article 184 of the Constitution and cited the Election Commission of Pakistan, the Speaker National Assembly, the Secretary Cabinet Division, and the Secretary Ministry of Law and Justice as respondents.

The Court is asked to constitute a full court comprising all the judges of the Supreme Court to hear and decide the question on the interpretation of Article 63A, which has direct nexus to the independence and separation of judiciary from other state organs and the supremacy of Parliament.

The please said that this question of public importance would give a roadmap for the future of the parliamentary form of the government and preservation of the trichotomy of power. A seat in the National Assembly or the Provincial Assembly in any parliamentary democracy is a trust imposed upon the member by the political party, said the petition.

Defection under Article 63A is imposed on only limited occasions and not on all policy matters, so as to ensure that the members vote according to his wisdom. However, the defection or floor crossing in the matter related to no-confidence against the prime minister or chief minister amounts to breach of trust imposed upon the member by a political party, and in that case defecting member cannot at all claim him to be Sadiq or Amin under Article 63 of the Constitution.

The ex-PM submitted that besides legal implications, the floor crossing carries along with itself moral implication, which erodes the trust the public depose upon the legislative organ of the state and lowers the dignity of the entire parliament.

He stated that the recent floor crossing and defection of the PTI MNAs during the no-confidence against him have sullied and damaged the purity of democratic process in the country for times to come. Switching political loyalties of these members in an illegal manner is like selling votes.

The petitioner contended that some of the defecting members have publicly admitted of defection in their interviews to the media in a daring manner feeling pride in their act and gained colossal amounts in cash without possibility of loss of membership of Parliament for life. This has badly damaged the faith of masses on the system besides erupting fear for the future of the country and betrayal of trust they deposed on their chosen representatives.

He stated that in order to curb this menace and to forcefully root it out, a Presidential Reference was instituted by President Dr Arif Alvi seeking the interpretation of Article 63A of the Constitution. The matter is subjudice before the apex court. However, a five-member bench in the short order dated 07-04-22 gave certain observations regarding Article 63A.

The floor crossing amounts to usurping the mandate of the people, a political party chosen by the people over its ideology and therefore, amounts to depriving the people of their will, imposed upon a political party by voting in its favour.

The apex court has repeatedly held that the Constitution is not a random collection of legal principles but a comprehensive scheme for enforcement of fundamental rights of the citizens and democratic governance by the duly elected representative acting for their welfare rather than enrichment of the numbers.

The vote of defecting members as ‘challenged or disputed vote’ is liable to be excluded from final counts till the determination of the issue of defection of the voting member in the manner provided in Article 63A of the Constitution.

The story was originally published in Business Recorder on April 15, 2022.