The Supreme Court of Pakistan has resumed hearing a review petition regarding its 2022 interpretation of Article 63-A of the Constitution, which deals with the defection of lawmakers. The 2022 ruling barred lawmakers who defy party lines from having their votes counted. The new bench, led by Chief Justice Qazi Faez Isa, is reviewing the case after the unavailability of Justice Munib Akhtar, who expressed concerns about the bench’s constitution and did not participate.
The review petition was filed by the Supreme Court Bar Association (SCBA), which challenges the court’s previous decision. The SCBA argues that while lawmakers who defect should be de-seated, their votes should still be counted, maintaining that the 2022 verdict interferes with the Constitution.
Article 63-A is vital in preventing defections and ensuring party discipline in key votes, such as the election of the prime minister or chief minister, votes of confidence, and money or constitutional bills. This clause allows party leaders to seek disqualification of defecting lawmakers. The controversy lies in whether defectors’ votes should be counted or disregarded, an issue central to the ongoing review.
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