In a bid to ensure that the decision on vote of no confidence is taken up by Parliament instead of the Supreme Court, a vote is to be held regarding the matter at Parliament tomorrow. Typically, within due process, a motion of no confidence is raised against Cabinet members, Judges or members of Independent Institutions by Parliament with the final decision resting upon the Supreme Court.

Tomorrow’s agenda at Parliament now lists this vote to amend the rules of conduct at Parliament. This amendment was proposed to the floor of Parliament after initially undergoing debate at the Parliamentary General Committee.

The amendment states that should a motion of no confidence be taken up and passed by majority vote at Parliament against any Cabinet member or Independant Institution, the person will be immediately dismissed from their position under Article 101, clause (d) of the Constitution.

The amendment however also states that a motion of no confidence against a judge can only be passed through Parliament only through a two-third majority vote.

This current decision by Parliament to bring about this amendment has been taken up due to a 2017 ruling of the Supreme Court regarding motions of no confidence at Parliament.

This Supreme Court ruling stated that any vote taken on by Parliament should be carried out with the backing of just causes. The ruling further stated that although Parliament reaches a motion of no confidence, the final decision regarding the matter still rests with the Supreme Court. The Supreme Court is also clear that a motion of no confidence cannot be taken up through mere political motivations.

The ruling passed by a unanimous vote of a full bench of Supreme Court Justices stated that all members of Parliament have to operate in accordance with this ruling.

This new amendment brought on by the Parliamentary General Committee states that any individual against whom motion of no confidence has been raised, has the right to defend themselves legally with one or two attorneys.

It further reiterated that after the motion of no confidence is raised against a Cabinet member and the motion is heard on the floor of Parliament, a temporary Parliamentary Committee will be assembled to debate on the matter. This Committee will consist of a minimum of oje MP of a political party as well as one independent MP.

Within 10 days of submitting the issue to the Committee, the motion is to be addressed and returned to Parliament floor for debate.

While such an amendment to the regulations at Parliament is being proposed, a motion of no confidence has been raised against Minister of Defense Ustaz Mariya Ahmed Didi.

Speaker of Parliament, Qasim Ibrahim has stalled the motion temporarily, stating that the matter will not go forward without changing the rules at Parliament.