A five-judge Supreme Court larger bench is set to review a petition filed by the Supreme Court Bar Association regarding the defection clause under Article 63A of the Constitution. Scheduled for Sept 30, the bench, led by Chief Justice of Pakistan Qazi Faez Isa, will delve into the implications of the May 17, 2022 judgement. Legal experts anticipate intense discussions, particularly in light of recent developments involving the composition of the committee responsible for handling such matters.
The petition argues that the interpretation of Article 63A by the Supreme Court goes against the principles of parliamentary democracy enshrined in the Constitution. The SCBA contends that the provision allowing for disregarding defecting votes was intended as a temporary measure for stability during the Constitution’s early years.
The review petition challenges the court’s opinion and calls for a reconsideration of the interpretation of Article 17(2) which guarantees citizens’ rights to participate in the democratic process through their elected representatives. The petition underscores the importance of representing the will of constituents over strict party loyalty.
As the legal battle unfolds, the implications of the court’s decisions on the country’s democratic framework remain at the center of attention.