The Supreme Court of Pakistan recently ruled that the votes of lawmakers who defect from their parties should be counted, reversing its previous decision on Article 63-A of the Constitution. This decision has sparked widespread discussion.
What does Article 63-A say?
Article 63-A states that if a member of a Parliamentary Party, representing a single political party in the House, votes or abstains from voting against the party’s direction on key issues like the election of the Prime Minister or Chief Minister, a vote of confidence or no-confidence, or important bills (Money Bill or Constitutional Amendment), they can be declared a defector. The party head must send a written declaration of defection to the Presiding Officer, Chief Election Commissioner, and the member involved.
Background of Article 63-A
Article 63-A was added to the Constitution in 2010 through the 18th Amendment. The goal of this amendment was to restore the Constitution closer to its original form, as envisioned in 1973. The article aims to ensure that members of Parliament or Provincial Assemblies follow the decisions of their party heads when voting on specific issues.
How does Article 63-A work?
If a lawmaker defects, the party head must submit a written declaration to the Election Commission of Pakistan (ECP). Before doing so, the party must issue a show-cause notice to the defector. Once the declaration is submitted, the presiding officer (National Assembly Speaker or Senate Chairman) has two days to forward the matter to the Chief Election Commissioner. If confirmed by the ECP, the defector will lose their status as a member of the House.
