No constitutional bar on seeking confidence vote

ISLAMABAD: There is no constitutional bar on Prime Minister Imran Khan seeking a fresh vote of confidence from the National Assembly. “It is a political move that he is exercising,” former Senate Chairman and renowned constitutional expert Wasim Sajjad told The News when asked whether such a confidence vote is mentioned in the Constitution. “While it is not provided in the Constitution, there is no restriction on taking a fresh vote.”

He said that by getting a confidence vote, the prime minister clearly wants to show that he enjoys the support of the majority of the members of the National Assembly (MNAs) -- despite the debacle of the defeat of his candidate for the Islamabad seat of the Senate.

Imran Khan decided to get a fresh vote of confidence immediately after the success of the Pakistan Democratic Movement (PDM) nominee over the government’s representative in the Senate election. The defeat was followed by calls from the opposition to resign, arguing that the prime minister had lost his majority in the National Assembly. Wasim Sajjad said it is obvious that the prime minister wants to show to his political rivals that he commands the confidence of the majority and the mere defeat of the ruling coalition’s candidate in the Senate election has not deprived him of a majority.

He said the confidence vote would be through a voice vote. Those supporting and opposing such a resolution would stand in their seats and would be counted, he said. Since Article 226, which was recently widely discussed, says all elections under the Constitution, other than those of the prime minister and chief minister, shall be by secret ballot, it is obvious that voting on a resolution in a vote of confidence or no-trust motion would also be by open ballot.

Prominent lawyer Kashif Malik told this correspondent that the anti-defection clause of the Constitution would apply to those members of the National Assembly (MNAs) who would vote against the directive of their parliamentary parties on such a resolution. He said it was provided in Article 63A that if an MNA resigns or joins another parliamentary party, votes or abstains from voting contrary to any direction issued by the parliamentary party in relation to the election of the prime minister or the chief minister in a vote of confidence, vote of no-confidence, a money bill or a constitutional amendment, he may be declared by the party head to have defected and the party head may forward a copy of the declaration to the speaker and the Chief Election Commissioner (CEC). Then, the process of his disqualification would be set in motion.

However, Kashif Malik pointed out that there may be a technical impediment in invoking the anti-floor crossing clause in the current case. Since the moving of such a motion is not clearly provided for in the Constitution, this article might not be relevant to MPs voting against the direction of their parties, he said, adding that it would be applicable only when a person elected as the prime minister seeks a vote of confidence or a no-trust resolution is voted upon against the premier.

Wasim Sajjad said Article 91(7) obviously does not apply to the vote of confidence being sought by Imran Khan as President Dr Arif Alvi is not asking him take a vote after suspecting that the prime minister had lost the confidence of the majority. It is the decision of the prime minister.

The provision says the premier shall hold office during the pleasure of the president but the president shall not exercise his powers under this clause unless he is satisfied that the premier does not command the confidence of the majority in which case he shall summon the National Assembly and require the prime minister to obtain a vote of confidence. Kashif Malik said that in this eventuality, the president has a kind of discretionary power that he will exercise if he believes that the prime minister has lost the support of the majority.

He said that in the present case, it will be the responsibility of the ruling coalition to ensure that a simple majority of MNAs turns out to support the confidence motion for its success. However, if the opposition moves a no-trust resolution against the prime minister, the onus lies on its shoulders to do so otherwise its move will stand defeated.

The lawyer said the Supreme Court had not disqualified Aisha Gulalai, who, against the PTI’s directive, had abstained from voting in the election of Shahid Khaqan Abbasi as the prime minister in 2017. PTI Chairman Imran Khan had sent a reference to the Election Commission of Pakistan for her de-notification as a member of the National Assembly. Gulalai had taken the plea that she had not received any party directive for the vote. Imran Khan had told the apex court that he had given legislators verbal directions. However, the court held that no direction would be deemed valid unless it was in writing.