Presidential reference: 'MNAs cannot be disqualified under Article 63(A)'

ISLAMABAD: The Supreme Court Bar Association (SCBA) on Thursday submitted in the apex court its reply to the presidential reference seeking the interpretation and scope of Article 63(A).

The SBCA stated that an individual MNA can participate in the proceeding of a vote of no-confidence against a prime minister under Article 95.

Also Read: Justice Isa raises questions over SC larger bench, merger of cases

“An MNA’s right to vote is an individual right under Article 95 and this right doesn’t belong to the political party he or she belongs to,” the top lawyers body contended, adding no member of the lower house of Parliament could be barred from exercising the right to vote.

Article 63 doesn’t allow preemptive action against any MNA on the apprehension that they might defect from a parliamentary party, it said and added that every vote cast under Article 95 is liable to be counted.

Also Read: SC larger bench to hear Presidential Reference on defection clause

The SBCA argued any MNA going against party directives during the proceedings of the vote of no-confidence cannot be disqualified under Article 63 (A). It said all the members of the National Assembly can freely exercise their right to vote.

A large bench of the apex court, headed by Chief Justice Umar Ata Bandial, will hear resume hearing of the reference today.