Govts in Punjab, Center stand dissolved after SC verdict: Fawad Chaudhry

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry on Tuesday said that the PML-N-led governments in Punjab and even the Center stand dissolved after the Supreme Court’s verdict on legal status of defecting lawmakers’ votes, ARY News reported.

Speaking to press after the SC verdict, in its decision on a presidential reference seeking interpretation of Article 63-A of the Constitution, ruled that the votes of defecting lawmakers (of a political party) cannot be counted, Chaudhry maintained that now PM Shehbaz and his son Hamza Shehbaz should leave their respective positions as they no longer enjoy majority in National Assembly and Punjab Assembly respectively.

The former minister said that PM Shehbaz Sharif today has support of 169 MNAs wherein he needs at least 186 MNAs to continue ruling the country along with his allies.

The verdict by the larger bench of the Supreme Court was a 3-2 split decision, with a majority of the judges not allowing lawmakers to vote against party line in four instances outlined under Article 63-A.

These four instances are the election of prime minister and chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill.

The decision was made with a majority of 3-2, Justice Jamal Mandokhel and Justice Nazeer Alam dissented from the decision. The Chief Justice said that changing loyalties in the parliament damages the integrity of democracy.

It is pertinent to note here that a number of deviant PTI members voted in favour of Hamza Shehbaz during the election for Chief Minister Punjab held in Punjab Assembly on April 16.

The presidential reference

President Arif Alvi had asked four questions from Supreme Court of Pakistan regarding Article 63-A

1.Should Article 63-A have a limited or a broad, purpose-oriented interpretation?
2. Will the defecting members’ vote be counted, given equal importance?
3. Will the defectors be disqualified for life?
4. Measures that can be taken to prevent defection, floor crossing and vote-buying

The SC verdict

The SC verdict states that “it is our view that the vote of any member (including a deemed member) of a Parliamentary Party in a House that is cast contrary to any direction issued by the latter in terms of para (b) of clause (1) of Article 63A cannot be counted and must be disregarded, and this is so regardless of whether the Party Head, subsequent to such vote, proceeds to take, or refrains from taking, action that would result in a declaration of defection.

Article 63A of the Constitution of Pakistan

(1) If a member of a Parliamentary Party composed of a single political party in a House-

(a) resigns from membership of his political party or joins another Parliamentary Party; or

(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
he may be declared in writing by the Party Head to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Explanation: “Party Head” means any person, by whatever name called, declared as such by the Party.

(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.

(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.

(5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal.

(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(7) For the purpose of this Article –

(a) “House” means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be.

(b) “Presiding Officer” means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.

(8) Article 63A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.