The Supreme Court (SC) of Pakistan issued its 23-page detailed judgment in the Article 63-A interpretation case, ruling the earlier verdict against the clear language and mandate of the Constitution. A five-member SC bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Aminud Din Khan, Justice Jamal Khan Mandokhel, Justice Mazhar Alam Miankhail, and Justice Naeem Afghan through a short order issued on October 2 annulled its 2022 verdict that barred lawmakers from going against party directions when voting in parliament. In its detailed judgment, the SC ruled that its earlier verdict opened the way to transform the leader of a political party into a ‘dictator’.

“Nothing can be more undemocratic; the majority’s judgment has opened the way to transform the leader of a political party into a dictator, simply because the party’s leader can never be challenged,” the detailed judgment read. “The majority’s judgment (in 2022) interestingly referred to decisions from a number of countries and forums, including from the United States of America, Canada, United Kingdom, India, and the Privy Council. Foreign legal books and authors were also quoted. But, this appears to have been done, without first ascertaining the law in the respective countries regarding defections, and the consequences thereof.”

Credit: Independent News Pakistan