ISLAMABAD: Pakistan's attorney general Khalid Javed Khan on Monday submitted a reference in the country's top court on behalf of President Arif Alvi to seek detailed interpretation of Article 63-A of the constitution which deals with the disqualification of parliamentarians on grounds of defection.
The development took place in the context of a no-confidence motion against Prime Minister Imran Khan which was filed by an alliance of opposition parties earlier this month.
The government's coalition partners and several lawmakers of the ruling Pakistan Tehreek-e-Insaf (PTI) party have publicly criticized the prime minister and his administration in recent weeks.
The ruling party also issued show-cause notices to its 14 lawmakers, saying their interviews with media outlets had created a perception that they had abandoned the party. The lawmakers were also given a week to present themselves before the prime minister who is also the PTI party chief.
The presidential reference on Monday described floor-crossing as "constitutionally prohibited and morally reprehensible conduct," asking the Supreme Court how the government should ensure "purification of the electoral process and democratic accountability" by dealing with dissident parliamentarians.
Should Article 63-A be interpreted, it asked, in a way that suggests that "defections warrant no preemptive action save de-seating the member as per the prescribed procedure with no further restriction or curbs from seeking election afresh?"
It also mentioned "a robust, purpose oriented and meaningful interpretation of Article 63A" as an alternative that "visualizes this provision as prophylactic enshrining the constitutional goal of purifying the democratic process, inter alia, by rooting out the mischief of defection by creating deterrence, inter alia, by neutralizing the effects of vitiated vote followed by lifelong disqualification for the member found involved in such constitutionally prohibited and morally reprehensible conduct."
The government has previously accused opposition parties of using money to buy the loyalties of its lawmakers.
However, the dissident PTI members maintain they want to vote during the no-confidence session according to their conscience.
Some of them have also pointed out that their party leaders have been trying to prevent them from participating in the no-trust session.
The presidential reference also requested the court to clarify if a member engaging in "constitutionally prohibited and morally reprehensible act of defection can ... nevertheless claim a vested right to have his vote counted and given equal weightage."
