No-Trust-Motion: SCBA Asks Top Court To Interpret Article 63(A)

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No-Trust-Motion: SCBA asks top court to interpret Article 63(A)

The top bar says an individual MNA could participate in the proceeding of a vote of no-confidence against a prime minister under Article 95.

ISLAMABAD: (UrduPoint/Pakistan Point News-March 24th, 2022) The Supreme Court Bar Association (SCBA) submitted in the Supreme Court on Thursday its reply to the presidential reference seeking the interpretation and scope of Article 63(A).

The top bar submitted that an individual MNA could participate in the proceeding of a vote of no-confidence against a prime minister under Article 95.

The SCBA said that an MNA’s right to vote was an individual right under Article 95 and this right did not belong to the political party he or she belongs to, pointing out that no member of the lower house of Parliament could be barred from exercising the right to vote.

The bar’s lawyer submitted that Article 63 did not allow preemptive action against any MNA on the apprehension that they might defect from a parliamentary party, contending that every vote cast under Article 95 was liable to be counted.

The top bar also contended that any MNA going against party directives during the proceedings of the vote of no-confidence could not be disqualified under Article 63 (A). All the members of the National Assembly, the counsel said, could freely exercise their right to vote.

The SC bench headed by Chief Justice Umar Ata Bandial would resume hearing of the reference today.

Abdullah Hussain

Abdullah Hussain is a staff member who writes on politics, human rights, social issues and climate change.