In a major judicial development on October 3, 2024, Pakistan’s Supreme Court struck down its earlier 2022 ruling regarding the defection clause under Article 63-A of the Constitution. A five-member bench, led by Chief Justice Qazi Faez Isa, ruled in favor of the appeal, which challenged the decision that had prohibited counting the votes of defecting members of parliament. The court’s short verdict unanimously accepted the review petition, with a more detailed judgment to follow later.
This ruling reversed the controversial 2022 decision, which had disallowed defectors’ votes in parliamentary proceedings such as no-confidence motions and elections of prime ministers. Chief Justice Isa and Justice Mandokhail, both part of the 2022 bench, questioned whether judges should have the power to disqualify defectors or limit their voting rights, emphasizing that such decisions belong to the parliamentary party leader. They asserted that a member’s right to vote was tied to the democratic process, not the whims of party leadership.
The 2024 ruling now restores the ability of defecting members to have their votes counted, with Justice Isa highlighting that such restrictions were undemocratic. This decision is seen as a significant shift, potentially allowing more fluid political dynamics, including floor-crossing in parliament.
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