Monday, October 3, 2022

Article 63 (A): SC postpones hearing of presidential reference

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ISLAMABAD: The Supreme Court (SC) has postponed tomorrow’s hearing on the Article 63 (A) presidential reference due to the non-appointment of the new attorney general (AG), ARY News reported on Monday.

A five-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial was scheduled to hear the presidential reference regarding Article 63 (A) on Tuesday (tomorrow).

The top court’s spokesperson said that the hearing was deferred on the request of the additional attorney general. The adjournment plea was made due to the non-appointment of the new attorney general.

READ: PPP TO SC: ARTICLE 63(A) CAN’T BE INVOKED BEFORE NO-TRUST VOTE

On March 21, the Supreme Court (SC) had decided to form a larger bench on a presidential reference filed by the federal government seeking the court’s interpretation of Article 63-A of the constitution.

Former Attorney General for Pakistan Barrister Khalid Javed Khan had filed the reference.

A two-judge bench, comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justice Munib Akhtar, had taken up the reference along with a plea filed by the Supreme Court Bar Association (SCBA) seeking the top court’s intervention to prevent “anarchy” ahead of the no-trust voting against former prime minister Imran Khan.

During the proceedings, the apex court had ordered the formation of a larger bench on the SBCA petition and also sent notices to all political parties on a presidential reference.

READ: PTI SUBMITS REFERENCE AGAINST DEVIANT MNAS UNDER ARTICLE 63(A)

Article 63(A)

Article 63A of the constitution of  Pakistan states that if a member of a political party abstains or votes contrary to the direction of the parliamentary party to which he or she belongs in the election of the prime minister or a chief minister, a vote of confidence or n- confidence, and in a money bill or a constitutional amendment, they may be deseated through a set procedure involving the party leader, the speaker of the NA and finally the Election Commission of Pakistan.

However, this does not prevent a member from voting and there is no precedent of any contrary vote not being counted.

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