On March 8, 2022, the United Opposition, comprising Pakistan Democratic Movement and Pakistan Peoples’ Party, submitted a no-confidence motion in the National Assembly Secretariat against the Prime Minister, Imran Khan. Subsequently, on March 28, 2022, Shahbaz Shariff, the leader of the opposition in the national assembly, tabled the no-confidence motion in the lower house of the parliament against the prime minister. The Deputy Speaker of the National Assembly admitted the motion and scheduled a discussion on March 31, 2022. The voting on the resolution was fixed for April 3, 2022. In order to succeed the opposition required 172 out of 342 votes from the members of the National Assembly.
This was the third no-confidence motion against any prime minister of Pakistan. Earlier in 1989 the former Prime Minister, Ms. Benazir Bhutto, faced such a motion. However, she remained victorious securing 125 votes when the opposition could secure only 107 votes against the required number of 119 votes. In August 2006, the former Prime Minister, Shaukat Aziz, also encountered a no-confidence motion. However, he successfully defended the motion securing 201 votes when the opposition could secure only 136 votes. In the present case the Prime Minister, Imran Khan, appeared to be in trouble from the very beginning.
Pakistan’s democracy is based on a multi-party system. 182 political parties were registered with the Election Commission of Pakistan as of July 3, 2018. However, only 12 parties are represented in the National Assembly, the lower house of the parliament. The party’s position in the national assembly on March 8, 2022, was as follows:-
Political Parties
Number of seats 1
Pakistan Tahreek Insaf (PTI) 156
Pakistan Muslim League (N) 84
Pakistan People’s Party Parliamentarian(PPPP) 56
Muttahida Majlis Amal (MMA) 15
Muttahida Qaumi Movement Pakistan (MQM-P) 7
Pakistan Muslim League (Q) 5
Baluchistan Awami Party (BAP) 5
Baluchistan National Party (BNP-M) 4
Awami National Party (ANP) 1
Jamhuri Watan Party (JWP) 1
Grand Democratic Alliane (GDA) 3
Awami Muslim League (AML) 1
Independents 4
TOTAL: 342
Why no confidence motion was necessary? Opposition was of the opinion that due to the incompetence of the government the economy had reached the verge of ruination. There was high inflation in the country and prices of essential commodities/items had reached beyond the purchasing power of the common people. Due to a shortage of fertilizers and quality seeds, the agricultural outputs had substantially reduced and the country had to import food items in large quantities. These factors and substantial balance of payments deficit had compelled the government to borrow from IMF on very unfavorable terms. Moreover, the country’s foreign policy was not formulated on realistic & correct lines resulting in deteriorating relations with western countries. Based on these facts the country was left with no option but to get rid of the present regime.
However, many people are of the opinion that the arguments put forward for filing a no-confidence motion appear to be exaggerated. Actually, all the relevant circumstances should have been viewed in the context of the outspread Covid-19 pandemic in the country and the ongoing Russia-Ukrain war, which have severely affected the global economy. Pakistan is no exception to this. In this scenario, the country has performed well. The outspread of pandemics in Pakistan remained in control with no devastating effects as was witnessed in India. There was never a full lockdown in the country and the wheels of the economy continued moving. This created sufficient job opportunities and the employment to population ratio of the country was recorded to be 47.7% in 2020 which was not considered bad.
As regards international relations, Pakistan is pursuing a policy designed to maintain cordial relations with all countries including world superpowers. However, it is not ready to take dictation from any quarter, which apparently causes problems for the country.
Foreign interference: Reportedly, as per a message received from Pakistan’s ambassador to the US the ambassador was called by senior foreign officials on March 7, 2022, and the contents of the message were based on his interaction with them. The message reportedly contains direct quotes from senior foreign officials. The interaction took place in an environment when there was some strain on Pakistan’s relations with a major country due to Prime Minister Imran Khan’s recent visit to Russia and for some other reasons. It was reportedly told to the ambassador that if Prime Minister, Imran Khan, remains in power, there would be no improvement in relation. It was further added that if the present regimes survive the coming no-confidence motion, then there would be consequences for the country. The message was received in Islamabad from Washington on March 7 and the no-confidence motion was submitted to the National Assembly secretariat on March 8, 2022. It was initially shown to some high-ranking officials in Pakistan. Then its glimpse was shown to the audience in a general public meeting held in Islamabad on March 27, 2022. It was also shared with some journalists and members of the cabinet on March 30, 2022. Subsequently, it was shared with the country’s National Security Council. The contents of this message were viewed with concern in Pakistan.
Floor crossing: PTI together with its allies formed a majority party in the house. However, recently twenty-two members disassociated from it and collaborated with the United Opposition creating problems for the ruling party. In this context, floor-crossing is discussed in the following paragraphs which is relevant to the main topic. Floor crossing happens when a legislator disassociates from his own party and joins another parliamentary group or when he votes against the party line. Floor crossing is also named horse-trading where the dissident members change their party affiliation in lieu of monetary benefits and other privileges. This is considered an immoral act and under some legal systems unlawful too with its consequences.
The modern democratic system is essentially based on political parties. The voters give their mandate to political parties taking into account their manifesto, ideologies, a road map for development, central leadership, etc. instead of the individual candidates. Subsequently, if some of the elected lawmakers opt to join any other parliamentary party, they clearly deviate from the mandate given to them by their voters. In this scenario, the peoples’ mandate is actually robbed and given to someone else. If elected members is dissatisfied with the performance of their party they can resign from their assembly seats and seek a fresh mandate from their voters based on their changed ideologies and party affiliation. This appears to be the best course for them.
Here a question arises whether the elected members are just like puppets in the hands of their party leadership and under all circumstances they must act as per the directives coming from the top. This is not the correct position. When an issue is under discussion the members can freely express their views exploring various possibilities. However, when a final line of action is determined taking into account the different views and ideas, the members are expected to act in accordance with the party’s direction. If they do not act on this line, the parliamentarians will become an unorganized crowd, all working as per their own ideas without following the party’s discipline. Obviously, under such circumstances, the system cannot work and it is bound to collapse.
In the current scenario of the move of no-confidence, the opposition was in regular contact with the disgruntled MNAs and MPAs of the ruling party based on a well-planned strategy. Reportedly huge funds were provided to them along with promises for party tickets in future elections and ministries, where appropriate, to gain their support. The PTI dissidents were housed in a state guest house and 5-Star Marriott Hotel in Islamabad and in a hotel in Lahore. These places looked like cattle markets where MNAs & MPAs were bought and sold. The ruling party, PTI, issued show-cause notices to some dissident legislators, and references against them were also sent to the speaker under the Defection Clause, Article 63-A of the constitution.
Defection Clause, Article 63-A: This clause deals with the disqualification of legislators on grounds of defection. It provides that:-
“(1)
If a member of a Parliamentary Party composed of a single political party in a House-
(a)
resigns from membership of his political party or joins another Parliamentary Party; or
(b)
votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-
(i)
election of the Prime Minister or the Chief Minister; or
(ii)
a vote of confidence or a vote of no-confidence; or
(iii)
a Money Bill or a Constitution (Amendment) Bill;”
He may be declared in writing by the Party Head to have defected from the political party. However, before making this declaration the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. A copy of the declaration, if issued, will be provided to him. Finally, on completion of some other formalities, the declaration is submitted to the Election Commission for its decision. If the Election Commission confirms the declaration the legislator shall cease to be a member and his seat shall become vacant. However, the aggrieved lawmaker still has 30 days to file an appeal to Supreme Court which shall decide the matter.
NA session on no-confidence motion: On March 7, 2022, the NA session was called to discuss the no-confidence motion and to conduct voting to decide the fate of the Prime Minister. At the commencement of the session the Federal Law Minister, Fawad Choudhary, on getting permission from the Deputy Speaker, expressed his views. He told the house that under Article 95 of the constitution it is the constitutional right of the members to bring a no-confidence motion. However, in the present scenario, the matter actually comes under Article 5 which makes it essential for every citizen to be loyal to the state. Elaborating further he told the audience that on March 7, 2022, Pakistan’s ambassador in a country was called for a meeting by senior officials of that country.
The meeting was also attended by senior officials of some other western countries. In that meeting, the ambassador was told that a no-confidence motion was likely to be placed in Pakistan soon. If that motion succeeds Pakistan will be in an advantageous position. However, if the motion fails this will have consequences for the country. Then around 22 members of the ruling party changed their affiliation and some important allies also disassociated from the ruling side. Consequently, PTI lost its majority in the house. Commenting on this the federal minister added that this was clearly a foreign intervention in the country’s affairs aimed at regime change in collaboration with some local politicians, which was clearly disloyalty to the state on their part. He sought the speaker’s ruling on this point. The deputy speaker giving his ruling on the point of order termed the motion as “unconstitutional” because it was actually initiated and backed by a foreign power. He then dismissed the motion and adjourned the session to another date.
Then the Prime Minister of Pakistan advised the President to dissolve the assembly and soon thereafter the National Assembly was dissolved by the President of Pakistan.
Supreme Court’s action: The Hon’ble Supreme Court of Pakistan immediately took suo moto action on this development and started hearing the case on the same day. The advocates on behalf of various concerns gave their comprehensive and thoughtful arguments on the matter. After hearing the case for five consecutive days the five-judge larger bench, headed by Chief Justice, Umar Ata Bandial, gave a historic and landmark verdict on April 7, 2022, scrapping the Deputy Speaker’s Ruling and all related actions that followed it. The salient feature of the verdict is:
• The ruling of the Deputy Speaker was declared to be contrary to the Constitution and the law and of no legal effect and the same was set aside;
• in consequence of the foregoing, the Resolution (for no-confidence motion) was pending and subsisting at all times and continues to so remain pending and subsisting;
• the Prime Minister’s advice on 03-04-2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect;
• the order of the President issued on 03-04-2022 dissolving the Assembly was contrary to the Constitution and of no legal effect, and it was set aside;
• the speaker is under a duty to summon and hold a set of the Assembly in the present session and shall do so immediately and in any case not later than 10:30 a.m. on Saturday, 09-04-2022 to conduct the business of the house as per Orders of the Day that had been issued for 03-04-2022.
• If the Resolution is passed by the requisite majority (i.e. the no-confidence resolution is successful) then the Assembly shall forthwith and in its present session, proceed to elect a Prime Minister in term of Article 91 of the Constitution read with the relevant Rules and provision.
At the end of game
As per the directive of the apex court the proceedings of the National Assembly commenced on Saturday, April 9, 2022, when a day-long debate continued at intervals. Subsequently, at late night, it became apparent that the ruling party was unwilling to hold voting on the issue and the matter was heading towards contempt of court. However, just before midnight the Speaker, Asad Qaiser, resigned from his position saying that he could not be a party to the conspiracy backed by a foreign power. He also handed over his charge to the Panel of Chairs. Then former Speaker, Ayaz Sadiq, continued the proceedings. When the Speaker commenced voting on the motion most of the treasury members walked out indicating their disagreement with what was happening. As anticipated the motion was passed by 174 votes against the required votes of 172. Consequently, the Prime Minister, Imran Khan, was de-seated from his prestigious position which he held for about three years and seven months. He is the only politician in Pakistan, who could not survive the no-confidence motion.
On Monday, 11 April, the members elected Shahbaz Sharif, the leader of the united opposition, as their new leader of the house. He was elected unopposed securing 174 votes when his rival, Shah Mahmood Qureshi, a candidate of the ruling party, boycotted the voting. Subsequently, on the same day, at President House, Shahbaz Sharif, took an oath before the Chairman Senate as the 23rd Prime Minister of Pakistan.
Before the voting process commenced Imran Khan, along with other PTI lawmakers, staged a walkout saying that “he cannot sit with thieves”. They also resigned from their assembly seats declaring that they would now go to the people. This apparently commenced a new political turmoil in the country.
It is also worth mentioning here that since the creation of Pakistan in 1947 not even a single elected prime minister of the country was able to complete his five-year term in office. This caused political instability and inconsistency in policies hindering progress in various sectors. The political parties of the country should give careful thought to this aspect.
The de-seating of the Prime Minister and changes in the political setup have raised many questions. The people want to know whether the regime change in Pakistan was due to foreign intervention as it was indicated in the diplomatic cable sent to Islamabad on March 7, 2022, by a Pakistani Ambassador deputed in a western country. The suspicion gets stronger when one looks at Sri Lanka, which also faced similar circumstances. These questions should not remain unanswered.
