Bars criticise SC verdict on defection

Fear that recent order will pave way for horse-trading

LAHORE/KARACHI:

Two bar associations have expressed their concern about the Supreme Court's recent order with regard to defection clause under Article 63-A of the Constitution, stating that the verdict has created "a clear pathway for horse-trading".

A five-member Supreme Court bench led by Chief Justice of Pakistan Qazi Faez Isa on Thursday unanimously accepted a review petition against its 2022 verdict related to the defection.

Through its May 17, 2022 verdict, the SC had declared that votes cast contrary to the parliamentary party lines in four instances outlined in Article 63-A should not be counted. However, after the Thursday ruling the ballots of lawmakers who vote against party policy will be counted.

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 ruling can provide major relief to the ruling coalition in its attempts to garner the required support to make a set of amendments to the Constitution, multiple of which pertain to the judiciary including one related to extending the tenure of the top judge.

Commenting on the order, the Karachi Bar Association (KBA) issued a detailed statement, stating that it opposes and condemns both the timing and manner in which the judgment regarding Article 63-A was reversed.

"It has now created a clear pathway for horse-trading; the bar [therefore] calls for measures to uphold the integrity of the electoral process and safeguard the principles of democracy."

The association also strongly condemned the promulgation of the Supreme Court (Practice and Procedure) Amendment Ordinance, 2024.

"The promulgation of this ordinance occurred under highly questionable circumstances, bypassing the democratic process by not introducing it in parliament as a bill and failing to adhere to the due legislative procedure.

"This bar asserts that such actions undermine the principles of democracy, transparency, and constitutional governance, and calls for immediate reconsideration of the ordinance to uphold the rule of law," it said.

The Lahore High Court Bar Association (LHCBA) on Friday also issued a statement regarding the Supreme Court's verdict, claiming that the five-member bench's decision has damaged the dignity of the Supreme Court.

The statement added that allowing members of parliament, who have been elected with the public mandate, the opportunity for floor-crossing is tantamount to openly permitting horse-trading.