Article 63(A) review: SC annuls decision barring MNAs from defection in parliament

The Supreme Court of Pakistan has annulled its 2022 verdict on the interpretation of Article 63(A) of the Constitution that barred lawmakers from going against party directions when voting in parliament.

A 5-member larger bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the case.

The Chief Justice of Pakistan while pronouncing the decision of the review appeal said that the review appeal of the Supreme Court Bar Association is unanimously approved and the detailed decision of the case will be issued later.

Justice Jamal Mandokhel remarked that the majority decision said that there is a difference between voting and being counted, is the difference between voting and being counted written in the constitution?

The Additional Attorney General told the court that the decision on Article 63A is full of contradictions as on the one hand it said vote is a fundamental right, while also abolishing the fundamental right at the direction of the party.

The Chief Justice of Pakistan inquired if the president does not follow the opinion, can action be taken against him? On which PPP’s Farooq H. Naik said that the court cannot take action against the president.

The Supreme Court unanimously approved the review petitions by declaring the decision of the Article 63 A review case null and void.