ISLAMABAD – The Supreme Court on Monday invalidated its 2022 ruling on Article 63(A) of the Constitution, which restricted lawmakers from opposing the party directions while voting in the parliament.
A five-member bench headed by Chief Justice Qazi Faez Isa and comprising Justices Amin-ud-Din Khan, Jamal Khan Mandokhail, Mazhar Alam Khan Miankhel, and Naeem Akhtar Afghan, who replaced Justice Munib Akhtar, announced the unanimous decision as it accepted the review petition against the 2022 verdict.
The case centers on the apex court’s previous decision that stated votes from lawmakers who oppose their party’s stance would not be counted, a ruling challenged by the Supreme Court Bar Association (SCBA).
The original 3-2 ruling had barred lawmakers from dissenting with party policy during parliamentary votes. Justices Umar Ata Bandial, Ijazul Ahsan, and Munib Akhtar had supported this decision, while Justices Mandokhail and Mazhar raised objections.
In its review plea, the SCBA had argued that the ruling was unconstitutional and infringes on legislative rights.
During the previous hearing, PTI lawyer Barrister Ali Zafar had expressed concerns over the formation of the current bench, asserting that it did not comply with legal requirements. He pointed out that a three-member committee should establish a bench and noted the absence of Justice Mansoor Ali Shah from this process.
Chief Justice Isa clarified that the bench was constituted out of necessity and the court unanimously rejected the objections raised by Zafar.