Article 63A binds members to abide by party policy: SC

CJ Bandial says as Constitution promotes democracy, it also strengthens political party

ISLAMABAD:

Chief Justice of Pakistan Umar Ata Bandial has said that Article 63A of the Constitution protects the system of a political party, its rights and binds the members to abide by its policy.

A five-member bench, headed by Chief Justice Bandial, heard the presidential reference seeking interpretation of Article 63A of the Constitution against deviating members.

During the hearing, CJ Bandial said, “As the Constitution promotes democracy, it also strengthens the political party.”

CJ Bandial inquired whether there was a political party whose members had never deviated from the policy.

Balochistan National Party lawyer Mustafa Ramday apprised the court that Article 63A contained all the procedures.

“If there was no procedure in Article 63A, the court could have looked at articles 62, 63. It is not necessary that every deviation be for some benefit.”

With this in mind, Advocate Ramday said, the framers of the Constitution had imposed the sentence of de-seat.

“Deviations can also be made on purely political differences. Article 63A provides for the de-seating punishment,” Ramday said.

“You are saying that the de-seating punishment is enough for deviating members,” the chief justice remarked.

Ramday replied, “Adding more punishment with de-seating will increase political divisions.”

The CJ said, “The Election Commission has rejected the reference regarding the members of the National Assembly.”

Ramday said, “Half of the members of the political party (PTI) voted for one side and half for the other.”

He added that the political party did not take any action against its members.

Justice Ijazul Ahsan said, “It is better to resign than to deviate. Resigning will also save the system but it is a matter of fact that if people vote for the one who resigned, he will come again.”

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Justice Ahsan said, “Interpret the Constitution … we will look into all aspects of the case for interpretation – if anyone deviates according to his conscience, he will be de-seated.”

He said, “It means that the constitution does not accept the action of the voter according to conscience.”

On Advocate Ramday’s examples of no-confidence motion submitted against Balochistan chief minister and AJK prime minister being changed while no action was taken against their parties’ chiefs, Justice Jamal Khan Mandokhel asked, “Does the Constitution allow deviation? Could the nature of deviation be ascertained? Would the vote be counted or not?”

Advocate Ramday said, “Our political parties do not have such democracy.”

Justice Ahsan said, “How democracy will be promoted? Will every member do as he pleases?”

He said, “Why not focus on the system instead of focusing on one person. Under Article 63A, it is the right of the party, not the individual.

“Can 10 or 15 members change the whole system? Can a few people derail the system?”

Advocate Ramday said, “Under Article 95 [of the Constitution], members have the right to vote voluntarily.”

He pleaded the court to also keep in view the conduct of party leaders.

Justice Mandokhel said, “Deviation of members does not end the system. Article 63A is a complete code.”

Khyber-Pakhtunkhwa Advocate General Shamail Butt said Article 63A should be read in conjunction with Article 62 as no provision of the Constitution was for beauty.

“If Article 63A is read in conjunction with Article 62, it will have serious consequences. Even after parliament, two forums – the Election Commission and the Supreme Court – have to review the deviation.”

Justice Ahsan said, “If no one comes to the assembly then this is also a deviation.”

AG Butt said, “Article 51 deals with the free vote which relates to the common man. It is important for the elected members to follow the party policy for discipline.”

Additional Attorney General Amir Rehman said requested the court to postpone the hearing till Tuesday, adding that Attorney General for Pakistan Makhdoom Ali Khan would appear before the bench.

The chief justice remarked that they wanted to complete the presidential reference process on Tuesday and adjourned the hearing till then.