ISLAMABAD: Pakistan’s top court unanimously accepted a review petition against its 2022 judgment related to a defection clause in the constitution that barred lawmakers from voting against party lines in parliament, with the decision expected to bring major relief to the government as it plans to introduce a set of constitutional amendments in parliament.
Pakistan’s top court ruled in May 2022 that votes cast by lawmakers opposed to their parliamentary party in four instances mentioned in the constitution’s Article 63-A would not be counted and the lawmaker found guilty of doing so could be disqualified from holding membership of parliament. These four instances include the elections of a prime minister and chief minister, a vote of confidence or no confidence, a constitutional amendment bill, and a money bill.
Pakistan’s ruling coalition government is planning on introducing a set of constitutional amendments in parliament that lawyers, opposition parties and independent experts allege are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes.
However, the government had deferred its move to table the amendments last month, admitting it did not have the required two-thirds majority in parliament required for their approval. Jailed former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party has warned that if the Supreme Court struck down its 2022 ruling, it would pave the way for floor crossing in parliament.
“I strongly condemn this, I just heard that the decision of [Article] 63-A has been issued,” former president and PTI leader Arif Alvi told reporters, shortly after a five-member bench of the apex court led by Chief Justice Qazi Faez Isa accepted the review petition.
“What was the need for this? They just want to pass these amendments through this fake assembly which was rejected by even Maulana Fazl-ur-Rehman, which can’t even pass a law let alone an amendment,” he added.
‘UNCONSTITUTIONAL AND UNJUST’
Khan’s lawyer in the case Ali Zafar had objected to the formation of the five-member bench and sought a meeting with the former prime minister in prison.
Khan’s PTI has accused the government of attempting to grant an extension in tenure to Isa, who is widely viewed to be aligned with the ruling coalition and in opposition to its chief rival, the PTI, through the constitutional amendments.
The government denies these allegations and says the amendments are aimed at providing speedy justice to thousands of litigants in the country.
Zafar later boycotted the court’s proceedings on Thursday, saying the ruling would open the door for “horse-trading” in parliament.
Pakistan’s coalition government has criticized the Supreme Court’s 2022 ruling, with Information Minister Attaullah Tarar saying last month that it was akin to rewriting the constitution.
Tarar had argued that no institution has the right to interpret the constitution as it pleases.
“The Supreme Court finally admits its previous ruling on Article 63-A was unconstitutional and unjust,” the ruling Pakistan Muslim League-Nawaz (PML-N) party wrote on social media platform X.
“They have corrected the blunder made by selected judges.”
