Securing Parliamentary Party Allegiance through Anti Defection Laws in Pakistan: A Legislative and Judicial Discourse

Abstract

This paper aims to analyse the evolution of anti defection laws in Pakistan by going through legislative and juridical efforts made in this regard and to check whether contemporary jurisprudence on parliamentary defection has served its purpose. The political history of Pakistan also illustrates the need of anti-defection legislation in a country, which has experienced vices of defections and counter-defections by elected members in its parliamentary history for personal gains. Accordingly, several legislative efforts were carried out to penalize the act of defection by members of legislative assemblies. The role of Judiciary in the interpretation and implementation of these laws remained prominent throughout. This study employed doctrinal methodology by carrying out data analysis through descriptive and critical review of primary sources of law in the light of issues identified from secondary sources. Considering the current state of the legislature and judiciary in Pakistan, it is reasonable to conclude that the current anti-defection laws require extensive revision and modification in order to reflect contemporary realities and practices followed by members both within and outside of Parliament.