IN THE SUPREME COURT OF PAKISTAN 
(Original/Advisory Jurisdiction) 
 
 
PRESENT: 
 
Mr. Justice Umar Ata Bandial, CJ 
 
Mr. Justice Ijaz ul Ahsan 
 
Mr. Justice Mazhar Alam Khan Miankhel 
 
Mr. Justice Munib Akhtar 
 
Mr. Justice Jamal Khan Mandokhail 
 
 
CONSTITUTION PETITION NO.2 OF 2022 
(Re: restraining Political Parties from holding Public Meetings in 
Islamabad before Voting on No-confidence Motion) 
 
 
REFERENCE NO.1 OF 2022 
(Reference by the President of Islamic Republic of Pakistan under 
Article 186 of the Constitution, seeking interpretation of Article 
63-A of the Constitution) 
 
CONSTITUTION PETITION NO.9 OF 2022 
(Re: Imposing Life Time Ban from contesting Elections on defection 
from Political Party) 
 
 
Supreme Court Bar Association of Pakistan 
through its President, Supreme Court Building, 
Islamabad  
(in Const. P. 2 of 2022) 
 
Pakistan Tahreek-e-Insaf through its Chairman 
Imran Khan 
(in Const. P. 9 of 2022) 
 
 
 
 
 
…Petitioner(s) 
  
 
 
 
Versus 
 
Federation of Pakistan through  
M/o Interior Islamabad and others   
(in Const. P. 2 of 2022) 
 
The Election Commission of Pakistan, 
Islamabad and others  
(in Const. P. 9 of 2022) 
 
 
 
 
 
…Respondent(s) 
 
For Federation  
: Mr. Ashtar Ausaf Ali, AGP 
Mr. Khalid Javed Khan, AGP(Former) 
Ch. Aamir Rehman, Addl. AG  
Mr. Sohail Mehmood, Addl. AGP 
Syed Nayyab Hassan Gardezi, DAG 
Assisted by:  
Mr. Munawar Duggal, ASC  
Barrister Asad Rahim Khan  
Barrister M. Usama Rauf  
Mr. M. Usman Peracha, Adv.  
Mr. M. Ibrahim Khan, Adv.    
 
  
For PTI 
: Mr. Ali Zafar, ASC  
Dr. Babar Awan, ASC 
 Reference No.1 of 2022 etc. 
2
 
  
For SCBA 
: Mr. Mansoor Usman, ASC  
Assisted by:  
Mr. Asfandyar Khan, Adv. 
Mr. Ahsan Bhoon, President (SCBAP) 
Mr. Waseem Mumtaz Malik, Sec. 
(SCBAP) 
Mr. Anis M. Shahzad, AOR  
 
  
For PPPP 
: Mr. Farooq H. Naek, Sr. ASC 
Mian Raza Rabbani, Sr. ASC 
Assisted by:  
Mr. Zeeshan Abdullah, Adv.  
 
  
For JUI(P) 
: Mr. Kamran Murtaza, Sr. ASC 
Qari Abdul Rasheed, ASC 
 
  
For PML(N) 
: Mr. Makhdoom Ali Khan, Sr. ASC 
a/w Saad M. Hashmi, Advocate 
Mr. Sarmad Hani, Advocate  
Mr. Ammar Cheema, Adv. 
Mr. Yawar Mukhtar, Adv.  
 
  
For BNP(M) 
: Mr. Mustafa Ramday, ASC  
Mr. Rashid Hafeez, ASC 
Assisted by:  
Mr. Ahmed Junaid, Adv. 
Mr. Akbar Khan, Adv. 
Barrister Maria Haq, Adv.  
Ms. Zoe Khan, Advocate  
 
  
For NA 
: Mr. Abdul Latif Yousafzai, ASC 
Mr. Tahir Hussain, Sec. NA 
Mr. M. Mushtaq, Addl. Sec. 
 
  
For PML (Q) 
: Mr. Azhar Siddiqui, ASC 
 
  
For Bal. 
: Mr. M. Asif Reki, AG 
Mr. M. Ayaz Sawati, Addl AG 
 
  
For ICT 
: Mr. Niazullah Khan Niazi, AG ICT 
 
  
For KP 
: Mr. Shumail Butt, AG KP  
Mr. Atif Ali Khan, Addl. AG  
Mian Shafaqat Jan, Addl. AG 
 
  
For Punjab  
: Mr. Ahmed Awais, AG (Punjab) 
Mr. Qasim Ali Chohan, Addl. AG Punjab 
 
  
For Sindh 
: Mr. Suleman Talibuddin, AG Sindh  
Mr. Fauzi Zafar, Addl. AG 
 
  
 
: Mr. Hassan Irfan Khan, ASC 
 
 
  
 Reference No.1 of 2022 etc. 
3
Date of Hearing  
: 19, 21, 24, 25, 28 to 30.03.2022, 
04.04.2022 to 07.04.2022, 18.04.2022 
to 22.04.2022, 09.05.2022 to 
11.05.2022, 16 & 17.05.2022.  
 
O R D E R 
 
  
For detailed reasons to be recorded later and subject 
to what is  set out therein by way of amplification or otherwise, 
by majority of three to two (Justice Mazhar Alam Khan Miankhel 
and Justice Jamal Khan Mandokhail dissenting) these matters 
are disposed of together in the following terms: 
1. 
The first question referred by the President relates to the 
proper approach to be taken to the interpretation and 
application of Article 63A of the Constitution. In our view, 
this provision cannot be read and applied in isolation and 
in a manner as though it is aloof from, or indifferent to, 
whatever else is provided in the Constitution. Nor can 
Article 63A be understood and applied from the vantage 
point of the member who has earned opprobrium and 
faces legal censure as a defector by reason of his having 
acted or voted (or abstained from voting) in a manner 
contrary to what is required of him under clause (1) 
thereof. Rather, in its true perspective this Article is an 
expression in the Constitution itself of certain aspects of 
the fundamental rights that inhere in political parties 
under clause (2) of Article 17. The two provisions are 
intertwined. In its essence Article 63A functions to protect, 
and ensure the continued coherence of, political parties in 
the legislative arena where they are the primary actors in 
our system of parliamentary democracy, which is one of 
 Reference No.1 of 2022 etc. 
4
the salient features of the Constitution. Political parties 
are an integral aspect of the bedrock on which our 
democracy rests. Their destabilization tends to shake the 
bedrock, which can potentially put democracy itself in 
peril. Defections are one of the most pernicious ways in 
which political parties can be destabilized. Indeed they 
can delegitimize parliamentary democracy itself, which is 
an even more deleterious effect. Defections rightly stand 
condemned as a cancer afflicting the body politic. They 
cannot be countenanced.  
2. 
It follows that Article 63A must be interpreted in a 
purposive and robust manner, which accords with its 
spirit and intent. Ideally, the Article should not need to be 
invoked at all; its mere existence, a brooding presence, 
should be enough. Put differently, the true measure of its 
effectiveness is that no member of a Parliamentary Party 
ever has to be declared a defector. Article 63A should 
therefore be given that interpretation and application as 
accords with, and is aligned as closely as possible to, the 
ideal situation. The pith and substance of Article 63A is to 
enforce the fundamental right of political parties under 
Article 17 that, in particular in the legislative arena, their 
cohesion 
be 
respected, 
and 
protected 
from 
unconstitutional and unlawful assaults, encroachments 
and erosions. It must therefore be interpreted and applied 
in a broad manner, consistent with fundamental rights. It 
also follows that if at all there is any conflict between the 
 Reference No.1 of 2022 etc. 
5
fundamental rights of the collectivity (i.e., the political 
party) and an individual member thereof it is the former 
that must prevail. The first question is answered 
accordingly. 
3. 
Turning to the second question and keeping in mind the 
answer to the first, it is our view that the vote of any 
member (including a deemed member) of a Parliamentary 
Party in a House that is cast contrary to any direction 
issued by the latter in terms of para (b) of clause (1) of 
Article 63A cannot be counted and must be disregarded, 
and this is so regardless of whether the Party Head, 
subsequent to such vote, proceeds to take, or refrains 
from taking, action that would result in a declaration of 
defection. The second question referred to this Court 
stands answered in the foregoing terms. 
4. 
As regards the third question, it is our view that a 
declaration of defection in terms of Article 63A can be a 
disqualification under Article 63, in terms of an 
appropriate law made by Parliament under para (p) of 
clause (1) thereof. While it is for Parliament to enact such 
legislation it must be said that it is high time that such a 
law is placed on the statute book. If such legislation is 
enacted it should not amount to a mere slap on the wrist 
but must be a robust and proportionate response to the 
evil that it is designed to thwart and eradicate. The 
question stands answered accordingly. 
 Reference No.1 of 2022 etc. 
6
5. 
The fourth question referred to this Court is stated in 
terms that are vague, and too broad and general. It is 
therefore returned unanswered. 
6. 
This short order disposes of pending matters under Article 
186 as well as Article 184(3). What has been said herein 
above is to be read and understood as a simultaneous 
exercise of (and thus relatable to) both the jurisdictions 
that vest in this Court under the said provisions, read also 
in the case of the latter with the jurisdiction conferred by 
Article 187. 
 
   
Sd/- 
CHIEF JUSTICE 
 
 
 
Sd/- 
JUDGE 
 
 
 
I am not in agreement with the majority decision and have 
appended a separate note.   
Sd/ 
JUDGE 
 
 
 
 
Sd/- 
JUDGE 
 
 
 
I am also not in agreement with majority decision. I have 
annexed a separate note. 
Sd/-  
JUDGE 
 
Announced in Court 
on 17.05.2022. 
 
 
 
 
Sd/- 
 
 
CJ. 
 
 
 
 
 
APPROVED FOR REPORTING 
 Reference No.1 of 2022 etc. 
7
ORDER 
 
Mazhar Alam Khan Miankhel and Jamal Khan 
Mandokhail, JJ.-   We have had the privilege of going through 
the short order of our learned brothers. For the reasons to be 
recorded later, with great respect, we are not in agreement with 
the same. Article 63A of the Constitution of Islamic Republic of 
Pakistan (the Constitution) is a complete code in itself, which 
provides a comprehensive procedure regarding defection of a 
member of the Parliament and consequences thereof. In case the 
Election Commission of Pakistan confirms the declaration sent 
by a Party Head against a member, he/she shall cease to be a 
Member of the House. As a result thereof, his/her seat shall 
become vacant. A right of appeal to this Court has also been 
provided under sub-Article (5) of Article 63A of the Constitution, 
to either of the party, aggrieved by the decision of the Election 
Commission. Any further interpretation of Article 63A of the 
Constitution, in our view, would amount to re-writing or reading 
into the Constitution and will also affect the other provisions of 
the Constitution, which has not even been asked by the 
President through this Reference. Therefore, it is not our 
mandate. We see no force in the questions asked through this 
Presidential Reference, which are answered in the negative. 
However, if the Parliament deems fit or appropriate may impose 
further bar or restrictions upon the defectors. 
 
Similarly Constitution Petitions No. 2 and 9 of 2022 are 
dismissed. 
 
 
 
 
 
 
 
       Sd/- 
 
(Mazhar Alam Khan Miankhel) 
 
Judge 
 
 
 
 
 
 
 
 
       Sd/- 
 
(Jamal Khan Mandokhail) 
 
Judge 
 Reference No.1 of 2022 etc. 
8
 
ORDER OF THE BENCH: 
 
 
 
 
The Presidential Reference No.1 of 2022 is answered 
and the Constitution Petitions No.2 and 9 of 2022 are disposed 
of in the terms of majority view. 
   
   
Sd/- 
CHIEF JUSTICE 
 
 
 
 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
 
Islamabad, 
17.05.2022. 
 
 
 
 
APPROVED FOR REPORTING  
