- A debate for the superior courts
Is it possible? Can politics in Pakistan take turn and land itself into scenes where it witnesses floor crossing, formation of ‘forward blocs’, absence in vote of confidence, creation of ‘rebel groups’ within political parties to divide their voting strength? It is not farfetched to assume that the future of politics in Pakistan may witness such possibilities and perhaps even worse. I might like to indulge the audience that with political leaders like Khawaja Saad, Shahbaz Sharif arrested and Ms Mariam out on bail, a lot is on the table. The below article is not based on rumor mill or speculation rather on legal merits and strategy. Hence it is not dwelling on the thoughts if such a scenario is about to take place or to judge its morality, rather it is meant to share if such a scenario may hold a legal bar. It would also be interesting to know that can the forward bloc land itself into legal problems if they decide to revolt within a political group.
Understanding: Forward blocks, absence in critical voting, floor crossing
After the result of the recently held elections in Pakistan, politics is going to be exciting if not volatile. As per political analysts, the election results in Balochistan Assembly, Punjab Assembly and the National Assembly are poised in such a way that floor crossing, formation of forward blocs, rebel groupings, and similar scenarios are a possibility in the near future. This article discusses how it is legally covered in relevant laws.
Constitutional blockade
The constitution has been amended through Article 63 (A) through the infamous 18th amendment in 2010, which forbids the following in very clear and straight words. An elected member therefore cannot change his party or cross floor referred as “floor crossing”, willfully. For instance, hypothetically, without bearing prejudice, an elected member if he is from PML-N cannot abstain from a critical meeting, or in a meeting where the vote is being decided to elect a chief minister, or even a prime minister. Likewise, the PML-N member/s cannot vote in any way against the decision of the party head. Party head has to nominate his candidature who will seek votes from his party and, independent members or form an alliance with another political party. Therefore it is a game where the party heads decide. In case such a scenario takes place, the party leader, or head then can file a report to the election commission and straight away the election commission can start its process of delisting the member subject to the fact that the allegation against were proven.
Interestingly, Indian constitution which is somewhat similar to Pakistan’s in this respect and has dealt with the matter far more severely, and within constitutional articles. Indian law has placed in itself far greater speed, “ruthlessness” and greater punishment for offences related to floor crossing, etc, as discussed above. Indian Representative of People Act (ROPA) also disbars such a member from contesting election for nearly five years. But, all said, Indian politics witnesses a lot many forward blocks, and still turmoil in politics, so the million dollar question surfaces, how does it then happen in India and can that take place in Pakistan too?
How will floor crossing, forward blocs then work? Legal perhaps?
The answer to that lies again the selection of the party head or appointment of the leader in a political party. This has occurred just with the arrest of Mr Shahbaz Sharif in different cases lined up for him. Likewise imagine and for the sake of hypothetical debate only, in case a political party head like that of PPP also undergoes similar fate. Let us assume Asif Zardari is arrested.
The entire debate revolves around the fact that the political head if replaced or the need to replace him/her comes up then the entire scenario may change. This has not happened in my knowledge or has not been contested in a Supreme Court stage
The entire debate revolves around the fact that the political head if replaced or the need to replace him/her comes up then the entire scenario may change. This has not happened in my knowledge or has not been contested in a Supreme Court stage, but that does not mean that once such a scenario takes place this cannot be taken up in the Superior Courts.
As reiterated above, without being prejudiced towards anyone, let us hypothetically assume that PML-N or PPP party leader is removed by act of law or God. Let us assume he is arrested for some offence or order of the court and the need to replace him comes forth, then the a group of members can form a forward bloc temporarily stating that they are in majority and their appointed person should be made party leader. The fight as to who won, and how did a party election take place can be contested or challenged in a superior court of law later depending upon who is unhappy with the outcome, and till then a stay or injunction may be granted which may make the forward bloc legitimate till the conclusion of the case. The case will be contested on the ground that the election of the party head were not conducted properly, or that the new party head does not command the allegiance, vote of larger group and so on, hence the only forum which may be referred to will be again election commission or superior courts. If you refer to my earlier article on election laws, I once again reiterate the point that recent election laws have made election commission supremely powerful. As again the law and who holds the party will be brought to the debate not in parliaments but in superior courts.
