Pakistani government files presidential reference to SC to counter political defections

By Hamza Ameer

Islamabad, March 21 (IANS): Ahead of the vote on the no-confidence motion, which is now due to be tabled in the National Assembly on March 25, Imran Khan’s government filed a presidential referral to the Supreme Court, seeking to clarify the actions and measures that can be taken. against members of his party, who can vote against.

The Pakistani government has raised four main issues, seeking suggestions and clarifications from the Supreme Court regarding the disqualification of a party member.

Declaring the ongoing defection and practice of horse-trading in politics as “the cancerous vice of stepping up,” the reference argues that Pakistan has failed to achieve stability in its political regime.

“The defection of elected officials has many vices. First, whether the MP was elected on the basis of a manifesto, or because of his affiliation with a political party, or because of his particular position on a matter of public interest. importance, does the defection amount to a clear breach of the trust placed in him by the electorate,” the reference read.

“If his conscience dictates it to him, or if he deems it appropriate, the only way open to him is to resign to get rid of his representative character which he no longer represents and to fight against re-election. will make it honourable, clean political, and the emergence of principled leadership possible…” the reference added.

Legal issues:

The reference raises four questions about the implementation and understanding of Section 63A of the Constitution.

Interpretation of Section 63A so that it does not justify, by way of defection, any preventive action, except the removal of the member in accordance with the prescribed procedure, without further restriction or hindrance to the search for an election, a new OR a strong, goal-oriented, and meaningful interpretation of Section 63A that views this provision as prophylactic enshrining the constitutional goals of purifying the democratic process, among other things, by eliminating the malpractice of defection by creating a lifetime disqualification for the member involved in such constitutionally prohibited and morally wrong behavior.

When a member engages in an act of defection that is constitutionally prohibited and morally wrong, can the member nevertheless claim a vested right to have their vote counted and given equal weight or is there or should there be a restriction in the Constitution to exclude these tainted votes from the vote count?

Where a member who could but did not hear the voice of his conscience in resigning his present seat in the Assembly and was finally declared to have defected after exhausting the procedure prescribed in Section 63A of the Constitution, including appeal to the Supreme Court under Section 63A(5), he can no longer be considered sagacious, just, undebauched, honest and reasonable and, therefore, is disqualified for life?

What other measures and measures can be taken within the existing constitutional and legal framework to curb, deter and eradicate the cancerous practice of defection, stepping and vote buying?

Experts say the move by the government is aimed at putting more pressure on members who defected, who joined opposition parties and pledged to vote against Prime Minister Imran Khan, and force them to join the ruling party and save the presidency of Prime Minister Imran Khan. Publish.

Source link

About James S. Moore

Check Also

Government Jobs in India Post; 2,410 vacancies in Karnataka

India Post officials say few residents of Dakshina Kannada and Udupi districts are applying for …