Govt considering moving SC for review of decision on Article 63-A

ISLAMABAD – The government intends to approach the Supreme Court for a review of its decision regarding the interpretation of Article 63-A of the Constitution.

Previously, the Supreme Court Bar Association (SCBA) had already filed a similar petition challenging the order.

However, there are concerns within the government that the current SCBA president, Abid Zuberi, may not vigorously pursue the plea due to his political inclinations being at odds with the ruling coalition, according to an insider.

There is apprehension that Zuberi might withdraw the review petition altogether. In such a scenario, the government will lose the opportunity to present its perspective and persuade the top court to reconsider the decision, the insider added.

The SCBA had filed the review petition on June 23, 2022, through Mansoor Usman Awan, who has now assumed the position of attorney general for Pakistan. However, he cannot argue the matter on behalf of the SCBA when the case is taken up. He can only assist the court if ordered.

Reportedly, the federal government and Zuberi have been at odds since February when an audio conversation featuring the former chief minister Parvez Elahi, purportedly asking Zuberi to influence a certain Supreme Court judge in favor of his ex-aide, was leaked on social media.

Regarding the petition, it should be noted that Article 63-A of the Constitution outlines the process for disqualifying a lawmaker who deviates from the party line during the election of the prime minister or chief minister, vote of confidence or no-confidence, and budget proceedings.

In May 2022, a five-member bench of the Supreme Court, while deciding a presidential reference on the interpretation of the article, ruled that the votes of defecting lawmakers would not be counted.