SC forms larger bench to hear plea seeking interpretation of Article 63(A) on March 24
ISLAMABAD (PEN) – Supreme Court (SC) of Pakistan has decided to form larger bench to hear plea seeeking interpretation of Article 63(A) of the constitution and discouraging ‘horse-trading’.
According to details, Chief Justice (CJ) of Pakistan on Monday ordered to convene the hearing of the presidential reference on March 24.
Presidential reference for interpretation of Article 63 (A) filed in Supreme Court included four difference questions which are stated below.
What was asked in presidential reference?
1. Whether defected members cannot be prevented from vote under Article 63(A) for violating party policy?
2. Will the vote of defected members can be counted or not?
3. Whether those who go against the party policy will be disqualified for life-time or not?
4. What is the period of disqualification under Article 63(A)?
On the presidential reference, Chief Justice Omar Ata Bandial remarked that he wanted to hear the matter. The parties must come prepared. We have not issued notices to the Government allies.
He mentioned that if the allies want representation, they should submit requests. We will try to give decision on reference soon.Parliamentary proceedings will not be delayed due to presidential reference.
The Attorney General told the court that the assembly proceeding will not be affected by the presidential reference and no one will be stopped from using the right to cast vote. He added that what will happen after the vote, this is the real question in the reference.
SC constitutes larger bench to hear reference seeking interpretation of Article 63(A)
Supreme Court of Pakistan has constituted a larger bench to hear presidential reference seeking interpretation of Article 63(A).
Chief Justice of Pakistan (CJP) Umar Ata Banidal remarked that the apex court wants to hear the matter and directed the all respondents to come to court with full preparation during the hearing.
Earlier in the day, government had filed a reference for the interpretation of Article 63(A) in the apex court after approval of President of Pakistan Dr. Arif Alvi.
The reference has asked that what should be done if party members are clearly involved in horse trading. Also, what will be the legal status of the vote if loyalties are exchanged for money? Whether the deviant members will be disqualified for life due to their economic interests or will be able to contest elections again.
On the other hand, President of Supreme Court Bar Association (SCBA) Ahsan Bhoon on Monday said that reference filed by the government for interpretation of Article 63(A) is inadmissible as the concerned article is already very clear.
Ahsan Bhoon said that a democratic Speaker should follow constitution of the country but for the first time custodian of the house did not acted as per country’s constitution.
He further said that Article 6 of the constitution should be invoked against such parliamentary people as well.
However, SCBA President clarified that lawyers are neutral but want everyone to pass through a democratic process.
It merits mention that opposition seeks to throw Khan out after rallying thousands of people on a campaign that he has mismanaged the economy, governance and foreign policy but the ruling Pakistan Tehreek-e-Insaf (PTI) has accused joint opposition of horse trading and buying loyalties of the disgruntled members.
No Pakistani prime minister has ever completed his term in office.
The joint opposition consists of major parties such as the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan People’s Party (PPP) – of former prime ministers Nawaz Sharif and Benazir Bhutto – and has a strength of nearly 163 in the lower house.
It needs a simple majority of 172 to prevail in the no-confidence vote.