The preparation of the proposed draft of the twenty-sixth constitutional amendment has entered the final stage and the main points and suggestions of this new draft have also come out.
According to the sources, the proposal to establish a five or nine-member constitutional bench of the Supreme Court has been included in the proposed points.
‘There is pressure on me’, BNP Senator Naima Ehsan announced to vote in favor of constitutional amendment with wet eyes.
According to the proposals in the draft, the constitution bench will be formed by the judicial commission, the head of the constitution bench will also be appointed by the judicial commission.
Amendment of Article 48 is also included in the proposed draft constitution.
Important activities at Parliament House on constitutional amendment, large gathering of political parties at Prime Minister House
According to the sources, the advice sent to the President by the Prime Minister and the Federal Cabinet will not be challenged, no institution, court or authority will have the authority to investigate or take action on the advice sent to the President.
Draft prepared by Law Minister
According to the draft prepared by Prime Minister Nazir Tarar, the government has decided to amend clause 4 of Article 48 of the Constitution, after which, as mentioned earlier, the advice approved by the President, the Cabinet and the Prime Minister will be passed by a court. or tribunal and cannot be challenged elsewhere.
The government has proposed to amend Article 63A through a constitutional amendment, after which a vote against the direction of the party chief will be counted, the party chief can then take action.
Article 111 of the Constitution is also proposed to be amended, according to which now the Adviser along with the Advocate General can discuss legal matters in the Provincial Assembly.
The government has proposed to amend Article 175A on the appointment of judges.
The Judicial Commission, which used to appoint judges only, will now be able to review the performance of High Court judges.
There is also a proposal to amend the appointment of judges in the Supreme Court. In the appointment of Supreme Court judges, four assembly members will be members of the committee, out of which two will be from the government and two from the opposition. Two names will be suggested by the opposition leader.
According to the amendment, the Chief Justice will be appointed by a special parliamentary committee, the special committee will have 8 members of the National Assembly and four members of the Senate, a total of 12 members of the parliamentary committee will appoint the Chief Justice.
According to the proposed amendment, the most senior judge will no longer be the Chief Justice, one of the three most senior judges will be elected.
According to the proposal, the meeting of the committee for the appointment of the Chief Justice will be held in camera.
Earlier Chief Justice of Islamabad High Court and most senior judge were jointly elected for appointment of Chief Justice of Islamabad High Court. will be nominated.
The government has also proposed to amend Article 184, to remove the power of the government to take sumo notice from the Chief Justice. The Chief Justice can issue notice only on the petition.
The government has also proposed to amend Article 179, according to which the term of the Chief Justice will be three years, the Chief Justice will retire before reaching the age of 65, although if he becomes the Chief Justice at the age of 60, it will be for three years. After that, he has to retire from the post.
The government has also proposed to add a new Article 191A to the Constitution, according to which a constitutional bench will be formed in the Supreme Court, the judges of the constitutional bench will be appointed by the Judicial Commission of Pakistan, and equal judges will be appointed in the constitutional bench from all the provinces. will be done. Constitutional cases will be transferred to the Constitution Bench.
The government has proposed to amend Article 199 that all constitutional cases will be heard by a constitution bench.
According to the proposed amendment in Article 209, the Judiciary cannot rule or interpret any constitutional matter beyond the pleadings.
According to the government’s proposed amendment in Article 215, the composition of the Supreme Judicial Council will consist of the Chief Justice of the Supreme Court, two senior most judges and two members of the Chief Justice of the High Court.
According to the proposed amendment in the Fourth Schedule of the Constitution of the Government, the Chief Election Commissioner can remain in office for 90 days after the expiry of the term, while a new Chief Election Commissioner is appointed.
A proposal to empower cantonments to collect local taxes is also included in the draft.
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