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

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-a---"Healthy" operating of political parties---Scope---Defection of Parliamentarians---Effect---Defections tend to demolish the "healthy" political competition and rivalry that is a sine qua non for article 17(2) of the Constitution---Defections are an attack on the integrity and cohesion of the political parties, and represent in an acute form the unconstitutional and unlawful assaults, encroachments and erosions which constitute a direct negation and denial of the rights encompassed in article 17(2)---Defection in the ranks of a political party, and especially from amongst the members of its parliamentary party, tends to disrupt it from within---again, this affects and attacks its cohesion and coherence and ability to be, and act as, a political party---Important facet of the application of the fundamental right under article 17(2) is that defections are dealt with strongly, comprehensively and proactively.

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