ISLAMABAD: The Likeminded Group, Unification Bloc and some disgruntled elements of the Pakistan Muslim League-Quaid will face disqualification and lose their seats under Article 63A of the Constitution if they take a different position from that of the party in case a no-confidence motion is moved in the provincial or the National Assembly.
While the article 63A – as amended through the 18th constitutional amendment – will apply from the next general elections, the provisions of the existing Article 63A remain operative and provide: “(l) If a member of a parliamentary party composed of a single political party in a House – (a) resigns from membership of his political party or joins another parliamentary party;
or (b) votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to – (i) election of the prime minister or the chief minister; or (ii) a vote of confidence or a vote of no-confidence … may be declared in writing by the head of the parliamentary party to have defected from the political party, and the head of the parliamentary party may forward a copy of the declaration to the presiding officer and the chief election commissioner … (4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.”
In the 18th amendment, the authority to declare that a member of a parliamentary party has defected has been transferred from the head of the parliamentary party to the head of the party. While the check on defection is still in the Constitution, this authority will be transferred to the heads of political parties from the next general election.
While hobnobbing for the alliance of smaller factions and then unification of all PML factions has begun, the PML-N too, anticipating the possible PPP-PML-Q plan to move against it in the Punjab, has started wheeling and dealing to court and keep on its side the members of the PML-Q’s Unification Bloc.
The PML-N’s move to keep the Unification Bloc roped in notwithstanding, if the PML-Q leadership joins ranks with the PPP to move a no-confidence motion against the Punjab chief minister, the PML-Q MPAs who take a position different from that of the party will face disqualification under Article 63A of the Constitution.
The only advantage that the PML-N can take from the existing Article 63A is to covertly win support of the head of PML-Q parliamentary party in the Punjab assembly to prevent disqualification of the members of the Unification Bloc if they repose confidence in the chief minister if a no-confidence motion is moved against him.
When General Pervez Musharraf restored the Constitution in October 2002, the provisions of Article 63A were not given effect and they were made operative on December 2002 after the formation of the PPP-Patriots, which had defected from the PPP-Parliamentarians.
