Here’s how Article 63-A dictates loyalty of parliament members
It is said in the article that the party leader must make a declaration regarding the defector
The Supreme Court has scheduled the Article 63-A revision case hearing on September 30, with a five-member bench led by Chief Justice Qazi Faez Isa.
On May 17, 2022, the Supreme Court made significant points regarding the presidential reference related to the interpretation of Article 63-A:
- Article 63-A: Under this article, a member of parliament can be disqualified on the grounds of defection.
- Voting Restrictions: If a parliamentarian votes against the directive of their parliamentary party or fails to participate in a no-confidence vote, they can be disqualified.
- Written Declaration: The party leader must make a declaration regarding the defector.
- Opportunity for Explanation: Before making the declaration, the party leader will allow the defector to explain themselves.
- Declaration Process: After hearing the member’s reasons, the party leader will send the declaration to the Speaker, who will forward it to the Chief Election Commissioner.
- 30-Day Period: The Chief Election Commissioner will have 30 days to verify the declaration.
- Outcome: If the Chief Election Commissioner confirms the declaration, the defector will no longer be part of the assembly, and their seat will become vacant.
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