The Law and Practice of Vote of No Confidence Against Prime Minister: A Comparative Study of United Kingdom, India and Pakistan

  • Muhammad Basim Jan
  • Hidayat Ur Rehman
  • Ashraf Ali
  • Muhammad Abdul Basit

Abstract

The ouster of Imran Khan as prime minister in Pakistan has sparked significant academic and public interest, thereby requiring an in-depth investigation into the law and practice of vote of no-confidence. Therefore, this comparative study critically examines the utilization and implementation of this constitutional mechanism and instrument in the parliamentary democracies of the United Kingdom and her former colonies India, and Pakistan. While infrequently employed in the recent historical journey of the democracies in the UK and India, this motion has gained center stage in Pakistan, largely due to the historic overthrow of the government of Pakistan Justice Movement party called The Pakistan Tehreek-e-Insaf or PTI. The PTI was founded and led by the cricketer-turned politician Imran Khan. This shift was unprecedented compared to the relatively frequent use in early Anglo-Indian parliamentary history unlike in Pakistan where governments went packing through martial law or presidential powers. The study found that philosophically the notion of collective responsibility inherent in the vote of no-confidence enhances party politics and the prevailing system. Moreover, it was established that emerging parliamentary democracies lacking a robust democratic culture require comprehensive and stringent anti-defection laws to combat corrupt practices such as horse-trading. Thus, the motion is more of a boon than a bane in the Indo-Pak political context. The study acknowledged the pivotal role played by the Supreme Court of Pakistan in the landmark Suo Moto Case No. 1 of 2022. This judgement successfully averted a constitutional crisis and marked a significant milestone in the country's democratic development. Furthermore, a comparative analysis reveals that initiating a vote of no-confidence is comparatively more challenging in India and the United Kingdom than in Pakistan. This research further sheds light on the complexities and variations surrounding the parliamentary mechanism of vote of no-confidence, offering insights for scholars and policymakers alike.

Published
2023-12-20