SCBA files for review of Supreme Court's opinion on Article 63-A.
ISLAMABAD -- The Supreme Court Bar Association (SCBA) filed a petition in the apex court on Thursday for a review of the court's May 17 decision on the interpretation of Article 63-A, which pertains to the status of defecting lawmakers.
On May 17, the Supreme Court's larger bench had given a 3-2 spilt decision on a presidential reference seeking the court's interpretation of Article 63-A, with a majority of the judges stating that the votes of lawmakers who defected from their parties would not be counted in the four instances outlined under the article.
These four instances are the election of the prime minister and chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill.
The SCBA filed a petition in the apex court today for a review of the decision, contending that the SC's interpretation, in paragraphs one to three of its order, was not in accordance with the letter and spirit, as well as the system of parliamentary democracy, established by the Constitution.
In the first two paragraphs of its order, the SC elaborated on whether Article 63-A had a limited or broad, purpose-oriented interpretation.
The SC said that the provision could not be "read and applied in isolation and in a manner as though it is aloof from, or indifferent to, whatever else is provided in the Constitution".
The paragraphs described defections as a "cancer afflicting the body politic".
"They cannot be countenanced," the SC order said, adding that Article 63-A must be interpreted in a "purposive and robust manner".
"The pith and substance of Article 63-A is to enforce the fundamental right of political parties under Article 17 [...] It must therefore be interpreted and applied in a broad manner, consistent with fundamental rights," the SC concluded.
In the third paragraph, the SC explained whether the votes of defecting lawmakers should be...
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