Defection clause: reinterpretation

The law on defection has come full circle: a five-member bench of the Supreme Court, headed by Chief Justice Qazi Faez Esa, yesterday struck down a 2022 ruling by a three-member bench of the top court related to the defection clause under Article 63-A of the Constitution. The repealed ruling, which had disallowed a parliamentary vote against party line, was widely seen as having rewritten the Constitution. While the correction now sits in line with the Constitution, it has revived the fears that allowing a vote of conscience - which is vulnerable to manipulation - will reopen the door to floor crossing.

Also, the timing of the reinterpretation through a judicial review has raised eyebrows, as it stands to benefit the ruling dispensation which, despite being short of majority in the parliament, wants to bulldoze an amendment - in the name of judicial reforms - whose salient features are still shrouded in mystery. The top court cared little for its own Practices and Procedures Act in forming the bench, and also went on to deny the responded PTI's right to plead the case from its chairperson, Imran Khan, in the court of law.

The timing as well as the haste that is all too evident have cast shadows over the validity of the reinterpretation in case brought up for a full court review. In the written spirit of the Constitution, Article 63-A had restricted the voting powers of lawmakers by binding them to the decision of the 'party head', and any violation was liable to disqualification and the vacation of the defecting lawmaker's seat. Though the new dictum has upheld vote count of the defector, which is tantamount to horse-trading, it is silent on members' disqualification.

The post-verdict political trial and tribulation will have serious repercussions as the coalition government will go for amending the Constitution. The decision has literally bankrupted the writ of political parties as collective entities to showcase their opinion on the floor of the house, as members from across the divide are now good on their own.