ISLAMABAD – Supreme Court of Pakistan on Thursday annuled its previous ruling regarding Article 63-A of the Constitution, marking a significant shift in the legal interpretation of this clause.
The ruling was announced by a 5-member larger bench led by Chief Justice Qazi Faez Isa, comes in response to multiple review petitions challenging the court’s 2022 decision.
During today’s court proceeding, the apex court declared that votes cast by defecting lawmakers should be counted, effectively nullifying the previous judgment that deemed such votes invalid. A detailed ruling will be released at a later date, but the bench issued a unanimous short order in the meantime.
The previous ruling had been issued by then-Chief Justice Bandial, which ruled in narrow 3-2 decision that votes from defecting lawmakers were invalid, following a presidential reference from former President
This reversal comes at a critical time as the incumbent government is attempting to introduce judicial reforms and constitutional amendments that require a two-thirds majority in Parliament, a goal the ruling coalition currently lacks.
Imran Khan’s party Pakistan Tehreek-e-Insaf (PTI) party has now decided to withdraw from ongoing Article 63-A proceedings. During the hearing, PTI lawyer Ali Zafar informed the court of the party’s decision to step aside, indicating that former PTI chairman Imran Khan wished to appear in person. Zafar raised concerns about potential constitutional amendments that could impact the ongoing legal proceedings.
Chief Justice Isa expressed disappointment over PTI’s withdrawal, remarking, “It is unfortunate, as we wanted to hear your arguments.” Despite this, the court appointed Zafar as a judicial assistant for future hearings.
The session also saw discussions on the implications of constitutional amendments on the judiciary, with Justice Jamal Khan Mandokhail questioning the potential consequences if the Chief Justice refused any tenure extension.
As the hearing progressed, the Supreme Court dismissed PTI’s objections regarding bench formation, clarifying that the Chief Justice cannot compel judges to participate and that the objections lacked legal basis. The court emphasized that the review petition was filed in accordance with legal procedures.
The implications of this ruling could reshape the political landscape in Pakistan, particularly as the government seeks to navigate complex judicial reforms amid a challenging parliamentary environment.
More Updates to follow…
