This juncture is not the first time the disillusioned Pakistani electorate faces this diabolical political challenge. Historically, state institutions have showcased responsibility in deterring the malpractice of “floor crossing/defection” that causes grave national instability and the writer has always condemned this petty ploy (Senate -14 turncoats and their masters!), altruistically seeking protection of the democratic process against such unworthy sinister political turncoats.
The Parliament; first added Article 63A (Disqualification on grounds of defection, etc.) via the Constitution (Fourteenth Amendment) Act No.XXIV of 1997 which came into effect on 4th July, 1997. The Legal Framework Order of 2002 provided for a robust Article 63A. However, as the malpractice did not stop, a further 63A amendment was adopted via the Constitution (Eighteenth Amendment) Act of 2010.
Contemporarily; Article 63A reads; “(1) If a member of a Parliamentary Party composed of a single political party in a House; (b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary party to which he belongs, in relation to (i) Election of the Prime Minister or the Chief Minister; or (ii) A vote of confidence or a vote of no-confidence… He may be declared in writing by the Party Head to have defected from the political party”
Under Article 63A clause (3); the Presiding officer (i.e. Speaker Punjab Assembly) needs to complete formalities and refer the declaration under clause (1) to the ECP for completion of formalities and it is up to the ECP to unequivocally adjudicate upon such a declaration -“thereof confirming the declaration or otherwise within thirty days of receipt by the Chief Election Commissioner” and de-seat the members under clause (4)-” Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become Vacant”.
Also, the respected Supreme Court of Pakistan has earlier declared that; “The Article (63A) will bring stability in the polity of the country as it will be instrumental in eradicating the cancerous vice of floor crossing. It is also in consonance with the tenants of Islam and Sunnah as the same adjoin its believers to honour their commitments”- Wukala Mahaz Baria Tahafuz Dastoor v. Federation of Pakistan [PLD 1998 S.C 1263]. Furthermore, “The basic objective of the Article (63A) … thereof is to ensure that a member of the Parliament should not vote contrary to any direction issued by the Parliamentary Party to which he belongs … the above basic objective is not violate of any constitutional provision or principle… Floor crossing by members of Parliamentary Parties has come to be so menacingly engrained in the political system that shifting loyalties by members had become a matter of common occurrence. Therefore, there was a growing public demand for bringing legislation to effectively control this practice. It was in such background that the said legislation (Article 63A) was passed” [PLD 1998 S.C 1263 p. 1314]. Conclusively; “Prior to the introduction of Article 63A of the constitution, the members of the Parliament and Provincial Assemblies were induced or coerced into changing loyalties. Instability was the natural result. Sitting governments were under a constant threat of overthrow. Such a state of affairs also brought the Parliament and… its members in great disfavour with the people. To suppress such mischief, the members of Parliament imposed upon themselves the restrictions, as enumerated in Article 63A of the Constitution. Said Article had brought stability to the political system and was ex facie conducive to democracy.” [PLD 2015 S.C 401].
Notwithstanding the above; floor crossing was manifestly displayed in the violent events transpiring on 16.04.2022 for the election of Chief Minister of Punjab. The legality and constitutionality of that election is still being ascertained however facts reveal that roughly 26 members of Punjab Assembly that were elected on a PTI mandate/ticket, had violated the constitution and explicit party directions by casting their vote in favour of Mr. Hamza Shahbaz Sharif as opposed to Mr. Ch Pervaiz Elahi. These members must face immediate legal and constitutional consequences in lieu of manifestly established breach of Article 63A(1)(b)(i) of the Constitution. All relevant processes stand completed and the names of 26 MPA(s) that betrayed the sanctity of the vote and trust of the electorate were received by the ECP on 20.04.2022 (thirty days limit started running), with next date of hearing scheduled for 06.05.2022 upon which the matter will surely be concluded by ECP sending these dishonest turncoats to the gallows of blackened history where they belong.
Also, the constitutionally aware citizen seeks implementation of Article 63A of the constitution by the Honourable Supreme Court. Past precedence and events foretold make it imperative that a timely verdict be handed down upon Presidential Reference No.1/2022 submitted on 21.03.2022. The matter is crying out for a decisive verdict on the four “Questions of Law” submitted therein, especially Q no. 1(b); “A robust, purpose-oriented and meaningful interpretation of Article 63A which visualizes this provision as prophylactic enshrining the constitutional goals of purifying the democratic process, inter alia, by rooting out the mischief of defection by creating deterrence, inter alia, by neutralizing the effects of vitiated vote followed by lifelong disqualification for the member found involved in such constitutionally prohibited and morally reprehensible conduct” and Q no.3 “he can no longer be treated to be sagacious, righteous, non-profligate, honest and ameen and therefore, stands disqualified for life? Alas! Any incumbent CM in Punjab that boasts majority by 26 votes of turncoats is theoretically a constitutional impossibility and practically the situation must be quickly rectified if we as a nation ever dream to evolve, prosper and progress.