ISLAMABAD: On Thursday, the Supreme Court annulled its 2022 verdict regarding Article 63(A) of the Constitution, which previously barred lawmakers from deviating from party directives when voting in parliament.
The five-member bench, led by Chief Justice Qazi Faez Isa, delivered a unanimous decision during a hearing prompted by the Supreme Court Bar Association’s (SCBA) plea. The detailed judgment will be released later.
The original ruling stated that the votes of parliamentarians who went against their party’s directives would not be counted.
During the hearing, PTI lawyer Barrister Ali Zafar noted that he met with PTI founder Imran Khan, although the meeting did not maintain attorney-client privilege due to the presence of police officers.
Zafar indicated Khan’s desire to appear virtually in court to present arguments, asserting that the bench was improperly constituted and that the party wanted to distance itself from the proceedings.
CJP Isa urged Zafar to refrain from repeatedly mentioning Khan’s name, warning of potential contempt of court for suggesting that the court might facilitate “horse-trading” amid expected constitutional amendments.
Zafar expressed willingness to serve as amicus curiae, which the court approved after confirmation from SCBA President Shahzad Shaukat.
CJP Isa emphasized the need for political parties to unite to resolve their issues, asserting there was no division among judges.
The discussion included inquiries about President Asif Ali Zardari’s stance on the court’s verdict, but the lawyer indicated no record of Zardari’s opinion exists. The Additional Attorney General, Amir Rehman, opposed referring the matter to the president, stating that the Supreme Court’s opinion on the reference would be binding on the state.
The case traces back to a 2022 reference filed by the PTI government to address defections and enhance electoral accountability. The initial ruling, passed by a 3-2 vote, declared that dissident votes should be disregarded. The SCBA’s plea argued that while dissidents should be de-seated, their votes should still be counted as per the Constitution.
The proceedings hold significant political implications, particularly for the ruling coalition government, which is pursuing constitutional amendments. If the court rules that dissident votes can be counted, it could potentially enable the government to secure the necessary majority by winning over some PTI lawmakers, circumventing the restrictions imposed by the 2022 ruling.
Article 63(A) addresses the disqualification of parliamentarians for defection, stipulating that a lawmaker may be disqualified if they vote against party directives in specific instances, including confidence votes and budget bills. The party leader must present a written declaration of defection, providing the member a chance to explain their actions before forwarding the declaration to the Chief Election Commissioner.
