Understanding Article 63-A: What’s the buzz and its impact on parliamentary democracy?

Pakistani judiciary is facing alot of heat as one of top court judges recused himself from hearing Supreme Court Bar Association (SCBA) petition seeking a review of the verdict on the defection clause under Article 63-A of the Constitution.

SCBA argues this undermines parliamentary democracy while PML-N led federal government rejected reallocating 80 MNAs from Sunni Ittehad Council to Imran Khan’s party PTI.

Political unrest is growing over a proposed constitutional package that critics say would weaken the judiciary, with accusations of coercion in efforts to secure its passage.

Article 63-A addresses defection, also known as “floor-crossing,” within the assembly, with aim to maintain party discipline and ensure lawmakers vote according to their party’s directives on critical matters.

It applies to votes on important issues like Election of Prime Minister, No-cionfidence Votes, or Constitutional Amendment Bills, like the one being held now. As per legislation, if member votes contrary to party direction, the party head can declare them to have defected. This declaration is communicated to Presiding Officer and Chief Election Commissioner (ECP).

The current judicial scenario involves a key review of the defection clause and significant political maneuvering, particularly regarding party affiliations and election laws.
Article 63-A is a critical legal framework designed to prevent floor-crossing, ensuring that lawmakers remain accountable to their parties on vital legislative matters.

The ruling alliance is pushing forward with Constitutional Package aimed at limiting the Supreme Court’s authority and establishing a new constitutional court. Ex-PM Imran Khan raised concerns that this could facilitate floor crossing by overturning a key verdict and bemoaned ECP’s bias in decisions affecting PTI’s reserved seats.

PTI-affiliated lawyers argue that the package undermines the Constitution’s fundamental structure. The ruling PML-N coalition seeks support from JUI-F to pass the package, while Khan’s party remains committed to opposing it.

The government previously struggled to secure the necessary votes in the National Assembly and faces allegations of coercing lawmakers into supporting the legislation through intimidation tactics.