After the Supreme Court’s short verdict on May 17 on a presidential reference and constitutional petitions seeking the interpretation of Article A-63, the fate of the Hamza Shehbaz government hangs in balance, as the government stands on the votes of PTI dissidents.
President Arif Alvi had on March 21 referred the reference to the Supreme Court for interpretation of Article A-63, which was heard for 58 days and 20 hearings were held. The Supreme Court has ruled that the vote of a member of the assembly who breaches their party policy will (or should) not be counted whenever the counting is done.
The split verdict of the five-member bench states that the members switching sides can destabilize the foundation of political parties, resulting in promoting horse-trading and derailing democracy. The bench noted that the practice of ditching parties in parliamentary affairs is cancerous for political parties. The protection of the rights of the parties goes beyond the rights of one member. The verdict will leave positive effects on Pakistani politics, which has seen the practice of horse-trading, defection and the formation of breakaway factions in assemblies, making room for money, favours and illegal practices.
The bench, however, turned down the petitions seeking a lifetime ban on the turncoats, saying that Article A-63 of the Constitution cannot be read in isolation and it should be read by linking to Article 17 which protects the rights of political parties. According to some retired jurists and lawyers, the verdict is bad news for the 26 members of the PTI in the Punjab Assembly, who violated the party line during the election for the chief minister in April. Whatever their fate, the constitutional interpretation of the issue by the Supreme Court is likely to have far-reaching implications for the future political landscape. Though the detailed verdict has yet to come, the short order has dissenting notes from honourable judges Mazhar Alam Mian Khel and Justice Jamal Khan Mandokhel.
They did not see any meat in the questions asked in the presidential reference, saying that the purpose of Article A-63 is to prevent defection while handing down a life ban on defectors would be tantamount to rewriting the constitution. So far as the Punjab government is concerned, the PTI thinks that Hamza Shehbaz is no more a chief minister after the verdict of the Supreme Court, while the Hamza camp says they are ready for run-off elections in case the situation arises. Though there is no deadlock in Lahore, confusion persists in the air. This must end at the earliest.
