EpaperKHI_22-5-18

Page 1

Wednesday, 18 May, 2022 I 16 Shawwal, 1443 I Rs 15.00 I Vol XII No 318 I 12 Pages I Karachi Edition

Article 63-A: Votes of defecting lAwmAkers will not be counted, sc Announces Verdict

t

news desk

he Supreme Court on Tuesday, in its decision on a presidential reference seeking interpretation of Article 63-A of the Constitution which is related to the status of defecting lawmakers, said the votes of defecting lawmakers will not be counted. The verdict by the larger bench of the apex court was a 3-2 split decision, with a majority of the judges not allowing lawmakers to vote against party line in four instances outlined under Article 63-A. These four instances are the election of prime minister and chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill. Chief Justice of Pakistan (CJP) Umar Ata

Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar gave the majority verdict while Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail were the dissenting judges, who said that giving an opinion on the presidential reference was akin to “rewriting the Constitution”. “In our view, this provision cannot be read and applied in isolation and in a manner as though it is aloof from, or indifferent to, whatever else is provided in the Constitution,” the verdict stated. It said that Article 63-A was an “expression in the Constitution itself of certain aspects of the fundamental rights that inhere in political parties under clause (2) of Article 17,” adding that the two provisions were “intertwined”. The verdict went on to say that defections were “one of the most pernicious ways” in

which political parties could be destabilised, noting that they could also delegitimise parliamentary democracy. “Defections rightly stand condemned as a cancer afflicting the body politic. They cannot be countenanced,” the order said, adding that 63-A must be interpreted in a “purposive and robust manner”. “The pith and substance of Article 63-A is to enforce the fundamental right of political parties under Article 17 […] It must therefore be interpreted and applied in a broad manner, consistent with fundamental rights,” the verdict said. If there is a conflict between the fundamental rights of the collectivity and an individual member, the former must prevail, it added.

CONTINUED ON PAGE 02


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.