In politics, defections by legislators are common and can undermine the stability of the government particularly when it is dependent on support of party lawmakers and coalition members. Prime Minister Imran Khan is facing a similar threat of defections as he faces a no-confidence motion.
Many countries have laws which prevent switching political allegiances. During the 1967 and 1971 elections, India witnessed fifty percent of over 4,000 legislators switching sides. Years later in 2003, an anti-defection law was passed which disqualified defectors and banned them from being appointed as ministers.
Back in Pakistan, as the prime minister faces possibility of some party lawmakers voting in favour of the no-confidence measure, a defection clause has been highlighted. Though the government claims the motion will be defeated, all eyes are on the dissidents who are expected to cross party lines and could subsequently be banished.
The role of the National Assembly Speaker is crucial and a debate has ensued whether he can prevent lawmakers from voting against the party leader. Some lawyers have argued the NA Speaker has the authority to restrain MNAs from casting their votes in violation of party directives. The information minister has stated that the Speaker will not count the vote of those who have crossed the floor.
Article 63(A) of the Constitution relates to the disqualification of lawmakers on the grounds of defection or joining another party. In case of the no-confidence motion, this will only be applicable after the motion has passed and the Speaker can send a letter to ECP to initiate action against the lawmaker. This is a long procedure and the government is under the impression that it can disrupt the voting process.
The only other option the government has to prevent MNAs from entering the assembly or vote. During a no-confidence motion, the onus lies with the opposition to show it has support of 172 members. There is no other immediate ground for disqualification.
The opposition claims it has the required numbers to oust the prime minister and over 20 lawmakers have stood against him. Political defections are immoral and should be discouraged as they can lead to instability. The opposition should ensure that matters proceed in a democratic manner and basic norms of morality are not crossed.
