The much-anticipated ‘Constitutional Package,’ which is currently consuming much of the government’s focus, proposes changes to the process of judicial appointments, postings, and transfers. While not person-specific, the amendments would grant the executive more influence over the superior judiciary.
GOVERNMENT TIGHT-LIPPED ON CONSTITUTIONAL AMENDMENTS
Despite the government’s urgency to pass the package, it has remained mostly silent on the specifics of the proposed constitutional amendments. However, discussions within the judiciary and the legal community have shed light on key elements of the package.
Consultations between Prime Minister Shehbaz Sharif and PPP Chairman Bilawal Bhutto-Zardari, held on Wednesday night, were likely focused on securing support for the package. Although no official mention was made, the meeting, attended by senior government and PPP officials, left little doubt about its primary agenda.
CHIEF JUSTICE’S STATEMENT SHEDS LIGHT ON PROPOSALS
A statement from Chief Justice Qazi Faez Isa provided some insight into the government’s potential plans. The chief justice disclosed that Law Minister Azam Nazeer Tarar had discussed the possibility of fixing the chief justice’s tenure to three years, a proposal the chief justice said he would not accept if enacted as individual-specific legislation.
PROPOSED AMENDMENTS TO JUDICIAL APPOINTMENTS
Media reports indicate that the amendments focus on Article 175-A of the Constitution, which concerns judicial appointments in the Supreme Court and high courts. These include altering the composition of the Judicial Commission of Pakistan (JCP), which was created through the 18th Amendment to oversee judicial appointments. The changes could empower the Parliamentary Committee on the Appointment of Judges, which has been largely symbolic since the judiciary and government reached an understanding to limit parliament’s role in these decisions.
Additionally, amendments to Articles 177(1) and 180, which address Supreme Court appointments and the chief justice’s acting appointments, are under consideration. Article 179 could also be amended to extend the tenure of the Chief Justice of Pakistan, potentially setting it at three years.
Another proposed change would amend Article 200, which deals with the transfer of high court judges, allowing transfers between courts without the judge’s consent, though only with approval from the relevant chief justices.
MIXED REACTIONS FROM LEGAL EXPERTS
Reactions to the proposed package have been divided. Some legal experts, like senior lawyer Ahsanuddin Sheikh, believe the current judicial appointment system is effective and argue that changes could lead to complications. Sheikh expressed concern that the amendments could undermine the rights of those next in line for judicial appointments.
Others, such as Advocate Raja Inam Ameen Minhas, support changes to the JCP’s composition. He argued that current judicial appointments, post-18th Amendment, were not entirely merit-based and pointed out issues with appointments of well-connected lawyers and the neglect of the district judiciary in high court appointments.
POLITICAL HURDLES AND REQUIRED VOTES
For the legislation to pass, the ruling coalition needs 224 votes in the National Assembly, but it currently lacks 12 votes. Even with the JUI-F’s support, four additional votes would still be needed. In the Senate, where 64 votes are required for a two-thirds majority, the coalition holds 55 seats, with a stronger chance of passing the amendments with JUI-F backing.
PTI lawmakers have alleged pressure to vote in favor of the amendments, further complicating the political landscape for the package.
CONSTITUTIONAL AMENDMENTS TO FACE STRONG SCRUTINY
As the government continues its push for constitutional amendments, the debate is likely to intensify, both within the judiciary and the political arena. Whether the package will pass through parliament remains uncertain, with critical legal and political challenges ahead.
POLITICAL ACTIVITY OVER THE WEEKEND
This detailed report sheds light on the political dynamics surrounding Maulana Fazl-ur-Rehman, particularly as his residence became the center of political activity, surpassing even parliament. Both the government and opposition are vying for his support, recognizing his influence in tipping the scales in crucial legislative matters, such as the passage of constitutional amendments.
Key takeaways include:
- Government’s Outreach: Maulana Fazl met with a government team comprising Deputy PM Ishaq Dar, Law Minister Azam Nazeer Tarar, and Interior Minister Mohsin Naqvi. Their objective appears to be securing his support in return for potential positions for his son Asad Mehmood, both in parliament and in provincial setups like KP and Balochistan.
- Opposition’s Offer: PTI, led by Barrister Gohar Ali Khan, also sought Fazl’s backing, even offering him a key role in their “popular movement for restoration of true democracy.” Insiders suggest that PTI is offering Asad Mehmood a National Assembly seat in exchange for support.
- Strategic Importance: Maulana’s five seats in the Senate could give the government the critical numbers needed to pass a constitutional amendment. The ruling coalition already has 52 votes and needs 64 in the Senate. With support from Fazl, ANP, and independent senators, the government may reach its target.
- Challenges in the National Assembly: Despite the government’s alliances, they are three votes shy of the 224 required to pass the amendment in the lower house. JUI-F’s eight votes, though essential, may not suffice unless further negotiations or compromises are made.
Maulana Fazl remains the kingmaker in this scenario, with both sides attempting to secure his allegiance. His ability to sway the Senate vote, in particular, could determine the outcome of this high-stakes political battle.
NA SESSION TODAY
Defence Minister Khawaja Asif addressed the National Assembly, emphasizing the government’s commitment to presenting a constitutional package only after achieving full consensus. He clarified that the initiative is not about benefiting any individual or political party, but rather strengthening the Parliament according to the Constitution.
Key points from his speech include:
- Consensus Building: Khawaja Asif underscored the government’s desire to develop broad-based consensus on the package, aligning with constitutional principles and the interests of all stakeholders.
- Correcting Constitutional Imbalances: The Defence Minister noted that the package seeks to address constitutional imbalances and undo the 19th Amendment. He emphasized that it is an attempt to rectify structural issues rather than play politics.
- Charter of Democracy: He pointed out that the PML-N and PPP had previously agreed on the Charter of Democracy, which envisioned amendments like the establishment of a Constitutional Court. He stressed that this is in line with practices in several countries and would help reduce the judiciary’s burden.
Law Minister Azam Nazeer Tarar responded to opposition concerns, stating that discussions with Parliamentary Parties in both houses of Parliament are underway. He urged opposition parties to contribute constructive recommendations rather than just criticize the package.
The Law Minister also highlighted that:
- Judicial Commission: The proposed package includes provisions to empower the Judicial Commission in line with the 18th Amendment. This commission would have the authority to evaluate the performance of High Court judges, ensuring greater accountability within the judiciary.
In summary, both ministers reinforced the need for consensus, transparency, and a focus on relieving long-standing issues within Pakistan’s governance and judicial systems.
