The Supreme Court unanimously agreed on Thursday to review its 2022 ruling regarding the defection clause outlined in Article 63-A of the Constitution.
In its decision from May 17, 2022, the Court declared that votes cast against the parliamentary party lines in four specific situations mentioned in Article 63-A should not be counted. Today’s ruling implies that in future legislative actions, votes from lawmakers who oppose party policy will indeed be counted.
The four situations include the election of the prime minister and chief minister, votes of confidence or no-confidence, constitutional amendment bills, and money bills.
The verdict, delivered by Chief Justice of Pakistan (CJP) Qazi Faez Isa, could significantly aid the government in securing the necessary support for proposed amendments to the Constitution, many of which relate to the judiciary.
The 2022 ruling on the presidential reference submitted by then-president Arif Alvi was a narrow 3-2 decision, authored by then-CJP Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar. Justices Mazhar Alam Khan Miankhel and Jamal Khan Mandokhail dissented, arguing that further interpretation of Article 63-A would be akin to “rewriting or reading into the Constitution.” The Supreme Court Bar Association (SCBA), which initiated the petition, shared this viewpoint.
A five-member bench, led by CJP Isa and including Justices Mandokhail, Miankhel, Naeem Akhtar Afghan, and Aminuddin Khan, heard the review petition filed by SCBA in June 2022.
Justice Afghan was added to the bench after Justice Akhtar, who was part of the original panel, and senior puisne judge Justice Syed Mansoor Ali Shah opted out due to concerns over a recent ordinance affecting bench formations.
In a prior hearing, CJP Isa criticized the earlier larger bench’s conclusions. On Wednesday, the Court dismissed objections raised by Zafar, counsel for Imran, regarding the bench’s composition related to the ordinance.
During today’s proceedings, Zafar expressed a desire to withdraw from the case if his client was not permitted to appear via video link. However, CJP Isa requested his assistance, to which he agreed.
Justice Isa announced the unanimous acceptance of the SCBA’s appeal, stating that a detailed verdict would follow.
Article 63-A is designed to limit lawmakers’ voting powers by requiring them to adhere to the decisions of the “Party Head.” Violating this article can lead to disqualification from the National Assembly and the loss of the defecting lawmaker’s seat, as stipulated in the Constitution.
