Supreme Court Overturns Previous Interpretation of Article 63-A

The Supreme Court of Pakistan (SCP) issued a detailed ruling on Thursday concerning the review petition against its previous interpretation of Article 63-A, which deals with parliamentary procedures.

According to the ruling, the court approved the review petition, declaring the May 17, 2022 decision by the majority judges to be unconstitutional. The court’s new judgment deemed the earlier decision void, stating that it violated the Constitution.

In this judgment, the court sided with the dissenting judges, who had opposed the majority’s previous interpretation of Article 63-A.

The original reference regarding Article 63-A was submitted by former president Arif Alvi during a period of political turmoil, which included a no-confidence motion against the then-prime minister. The court remarked that Alvi’s involvement in this matter appeared to have drawn him into political conflicts rather than focusing on legal concerns.

Additionally, the court underscored that the issues raised in Alvi’s reference did not meet the legal criteria for judicial review. Instead of presenting legal questions, the reference was found to be seeking ethical opinions, which fall outside the judiciary’s responsibility.

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