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Pakistan

Article 63-A: SC decides to form larger bench

  • Supreme Court will hear the case on March 24
Published Updated

The Supreme Court (SC) decided on Monday to form a larger bench to hear the presidential reference filed by the government, which sought its opinion on Article 63-A of the Constitution, related to parliamentarians being disqualified on grounds of defection.

Earlier, the Pakistan Tehreek-e-Insaf (PTI) government submitted a presidential reference in the top court.

The reference was submitted by Attorney General of Pakistan (AGP) Khalid Jawed Khan on behalf of President Arif Alvi, which was heard by Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justice Munib Akhtar.

It deals with the "legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money", as per Minister for Information and Broadcasting Fawad Chaudhry.

Govt to seek SC’s advice on disqualification of MNAs who are ‘horse-trading’: Fawad

On Friday, the government had decided to file a reference in SC to seek an interpretation of Article 63-A after several PTI lawmakers came out in the open saying they would vote on the no-confidence motion against Prime Minister Imran Khan.

Meanwhile, the top court will also take up the Supreme Court Bar Association's (SCBA) petition requesting the SC to direct all state functionaries to act strictly in accordance with the Constitution and the law, and ask them to restrain from acting in any manner detrimental to and unwarranted by the Constitution.

Pakistan Muslim League-Nawaz President Shehbaz Sharif, Pakistan Peoples Party Chairman Bilawal Bhutto-Zardari and JUI-F Chief Maulana Fazlur Rehman have also reached the SC for the hearing.

On Saturday, a two-judge bench comprising the CJP and Justice Akhtar heard the SCBA's petition.

No-confidence motion: SC issues notices to 4 major political parties

During the proceedings, the SC said that the proceedings of Parliament under Article 95 of the Constitution ought to be conducted strictly in accordance with the Constitution and the law.

Proceedings of parliament must be conducted as per constitution and law: SC

The court order said in so far as the political aspect of the proceedings under Article 95 of Constitution is concerned, that is a non-legal matter, and does not relate to the jurisdiction of the Court.

The SC had issued notices to four major political parties in the case pertaining to the no-confidence vote in the National Assembly against Prime Minister Imran Khan.

The notices were served to the ruling PTI, as well as Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N) and Jamiat Ulema-i-Islam-Fazl (JUI-F).

Comments

Comments are closed for this article.

Ali Mar 21, 2022 09:21pm
Horse trading must be abolished to save real politics in Pakistan and if the no-trust motion succeed then this will be custom in future and no party will complete tenure, this is the best time to make a better political way.
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Abdur Rashid Mar 21, 2022 11:18pm
@Ali, yes there should be no horse trading and therefore, amendment in the Article 63A of the constitution is must. but dear@Ali, this should be applicable for all political parties across the board. You see in 2001, electables from other parties were picked and dropped in the Q box , similarly, the same were again re-picked from the box of PPP, N , Q and reformed a new BOX of PTI. and now the current scene is the reciprocal and recycling of the same as did PTI Kuptaan in 2012 to 2018. So to have fair politics, there should constitutional ban on such pick and drop and a man who once joined a political party shall not be allowed to join another party .he may allow to join another party after expiry of 2 years of his resignation from any political party.
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