Pakistan Supreme Court Revisits Defection Clause in Landmark Decision

The Supreme Court of Pakistan accepted a review petition revisiting its 2022 verdict on Article 63-A. This decision allows votes cast against party lines to be counted, impacting future legislation. The ruling supports the Shehbaz Sharif-led government’s constitutional amendments and was pronounced by Chief Justice Qazi Faez Isa and a larger bench.

In a pivotal move, the Supreme Court of Pakistan has accepted a review petition challenging its 2022 decision concerning Article 63-A of the Constitution, which previously invalidated votes contrary to party policy. This new ruling, reported by Dawn, permits the counting of dissenting votes, marking a significant shift in the nation's legislative process.

The 2022 verdict had excluded such votes in key situations such as the election of the Prime Minister or chief ministers, votes of confidence or no-confidence, Constitution amendment bills, and money bills. With the new decision, the Shehbaz Sharif-led administration gains a crucial victory, enhancing its ability to execute constitutional reforms, particularly those affecting the judiciary.

Chief Justice Qazi Faez Isa, along with a five-member Supreme Court bench, delivered the ruling after considering a review plea by the Supreme Court Bar Association (SCBA). The SCBA argued that the original interpretation of Article 63-A clashed with the principles of parliamentary democracy. Justice Afghan replaced Justice Akhtar for this review, and the bench's unanimous decision was announced, with a detailed judgment to follow.

(With inputs from agencies.)