Article 63A of Constitution of Pakiatan explained
Islamabad: A day after opposition parties submitted motion of no-confidence against Prime Minister Imran Khan in the National Assembly, legal experts are expressing their views about who can and cannot vote.
Article 63A has become topic of discussion which deals with the voting on the no-confidence motion.
What the law says:
- MNAs must vote according to party line in votes of no confidence
- If they don’t, party head can initiate process to deseat them AFTER their vote (which remains valid) or abstention
- ECP then decides if MNAs lose their seat after giving them a hearing
Legal expert Reema Omer said:
“Article 63A, NA rules are being twisted by certain lawyers to argue Party Head can declare MNAs have defected even before they vote, and Speaker can then disregard their votes.”
She said such interpretation is disingenuous, desperate, and clearly against text of relevant laws and the judgments of the Supreme Court.
Citing an example from the past she said,
“This interpretation is also supported by practice. In 2018, PKMAP MPA Manzoor Kakar voted against party line in election for CM Balochistan.Later, ECP deseated him. His vote, however, was not cancelled or discarded. “