SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Ministry of Interior Islamabad arts — 2023 PLD 42 SUPREME-COURT

Case information

Citation: 2023 PLD 42 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Ministry of Interior Islamabad arts
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SUPREME COURT BAR ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN through Ministry of Interior Islamabad arts. 17(2), 63(1)(p), 63-a, 184(3) & 186---Disqualification on grounds of defection, etc.---Reference by the President under article 186 of the Constitution, seeking interpretation of article 63-a of the Constitution---Constitutional petitions regarding imposing life time ban on Parliamentarians from contesting elections on defection from a political party, and restraining political parties from holding public meetings in Islamabad before voting on no-confidence motion against the Prime Minister---Questions posed in the Reference by the President were, first, as to what was the proper approach to be taken for the interpretation and application of article 63a of the Constitution?; second, whether vote of any Member of a Parliamentary Party in a House that is cast contrary to any direction issued by the Party in terms of para (b) of clause (1) of article 63a cannot be counted and must be excluded from the vote count?; third, whether a Member finally declared to have committed defection in terms of article 63a stands disqualified for life?; and fourth, what other measures and steps can be undertaken within the existing constitutional and legal framework to curb, deter and eradicate the practice of defection, floor crossing and vote buying?---answers provided by the Supreme Court to the questions posed in the Reference provided.

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