Supreme Court Overturns 2022 Verdict on Defection Clause in Article 63-A
The Supreme Court of Pakistan unanimously accepted a review petition on Thursday challenging its 2022 ruling related to the defection clause under Article 63-A of the Constitution. The original May 17, 2022 verdict had declared that votes cast by lawmakers in violation of party lines under Article 63-A should not be counted.
Article 63-A mandates that lawmakers follow their party head’s directives in key parliamentary votes, with violations leading to disqualification and the loss of their National Assembly seat.
The five-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justices Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel, resumed hearing the review plea filed by the Supreme Court Bar Association (SCBA) in June 2022. Justice Afghan replaced Justice Munib Akhtar, who recused himself, as did senior puisne judge Justice Syed Mansoor Ali Shah.
In previous hearings, CJP Isa raised concerns about the interpretation of the defection clause by the earlier bench. During Thursday’s proceedings, lawyer Zafar, representing PTI Chairman Imran Khan, expressed frustration over his client’s inability to appear via video link but was encouraged by CJP Isa to continue assisting the court, to which he agreed.
The decision marks a significant shift in the legal interpretation of Article 63-A and its application in Pakistan’s political landscape.