On Tuesday, Chief Justice of Pakistan (CJP) Qazi Faez Isa, leading a five-member bench, raised critical questions regarding the interpretation of Article 63-A of the Constitution. The Supreme Court was hearing a review petition filed by the Supreme Court Bar Association (SCBA) against the May 17, 2022, judgement concerning the Presidential Reference on the defection clause under Article 63-A.
The CJP questioned the merging of different jurisdictions, emphasizing that the court is meant to offer opinions on Presidential References rather than issue binding decisions. He also probed whether the judgement had gone beyond its mandate by mixing Presidential References and petitions under Article 184(3) of the Constitution.
Justice Isa highlighted the complexity of conscience in decision-making, asking whether dissenting members or judges could be judged based on their conscience. The debate also touched on whether a vote cast against a party’s instructions automatically disqualifies a member, as well as the broader implications of such decisions on Pakistan’s parliamentary system.
The bench is set to continue its deliberations, with further input expected from legal counsel and representatives from key political parties, including PTI and PPP.
