The Supreme Court of Pakistan ruled that votes of defecting lawmakers should be counted as it has declared its previous ruling on Article 63-A of the Constitution null and void.
With the latest ruling of the Supreme Court, the Article 63-A has become the talk of the town.
Now, take a look what the Article 63-A says:
“If a member of a Parliamentary Party comprised of a single political party in a House votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to (i) election of the Prime Minister or the Chief Minister or (ii) a vote of confidence or a vote of no-confidence or (iii) a Money Bill or a Constitution (Amendment) Bill, he may be declared in writing by the Party Head to have defected from the political party and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy to the member concerned.”
Article 63A was added to the Constitution by the passage of the 18th Constitutional Amendment in 2010. The main purpose and aim of the 18th Amendment was to restore the Constitution, as far as was practicable, to its original spirit, as envisaged by the framers of the original 1973 Constitution.
Article 63A aims to restrict members of the Parliament or Provincial Assemblies to use their power of voting in certain matters, by making them bound by the decision of the Party Head.
How the Article 63-A Works?
The Article 63-A says if a lawmaker defects from their party, the party head must submit it in writing to the Election Commission of Pakistan, however, the party should serve a show-cause notice on the defecting lawmaker before filing declaration with the election body.
After the submission of the declaration, the presiding officer, who can be the speaker of the National Assembly or Senate chairman, will sent the matter to the chief election commissioner within two days.
The defecting lawmaker’s status as member of the house will be revoked soon after the declaration is confirmed by the ECP.
