Federal Law Minister Azam Nazir Tarar has said on Thursday that the constitutional bench will start its work from next week.
Speaking to the media on Thursday, Azam Nazir Tarar said that the constitutional bench will start working from next week. First, Justice Yahya Afridi will take the oath of the Chief Justice, after that, if he calls a meeting, the constitution bench will be formed, but first the oath of the chief justice should be taken, after that, inshallah, the constitution bench will be formed and the bench will work from next week. Will start.’
At the end of last week, the government had approved the formation of a constitution bench in the 26th constitutional amendment, according to which The Supreme Court Constitution Benches will be formed in all the five High Courts including
The judges for the constitutional bench will be appointed by the Judicial Commission of Pakistan while an equal number of judges will be appointed from all the provinces in the bench.
How will the constitution bench be constituted?
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Federal Minister of Law Azam Nazir Tarar had given the details on the day of approval of the amendment and said that if the assemblies of the provinces approve the resolution with 51% of the total members, then a constitutional bench can be established in the respective province.
‘The power to form constitutional benches will be with the Judicial Commission headed by the Chief Justice.’
He further said that the judicial commission for the appointment of judges will consist of the Chief Justice of the Supreme Court, the presiding judge, three senior judges of the Supreme Court, four parliamentarians, the Federal Law Minister and the Attorney General of Pakistan and a senior representative of the Pakistan Bar. . No change has been brought in the Provincial Judicial Commission.
According to the Minister of Law: “The Judicial Commission will include two members of the Government and the Opposition from the Senate and the National Assembly. The Commission will also have a female or non-Muslim member, who is qualified to be appointed as a technocrat in the Senate. No question can be raised against and the Judicial Commission will be empowered to frame rules and lay down a procedure. The decision of the majority shall prevail over disagreement in the Council.’
Exterior view of Supreme Court of Pakistan building (Independent Urdu)
How many judges will be in the constitution bench?
According to the draft amendments: ‘The Supreme Court shall have a Constitution Bench consisting of Judges of the Supreme Court, the Constitution Bench shall have equal judges from all the provinces and the most senior Judge shall be the Presiding Judge of the Constitution Bench.
“No bench other than the Constitution Bench will hear a matter relating to the jurisdiction of the Supreme Court, the interpretation of the Constitution. The Constitution Bench shall consist of at least five judges and all relevant petitions or appeals shall be referred to the Constitution Bench.’
What is the mandate of a constitution bench?
A new Article 192A was added in the 18th Constitutional Amendment which deals with the constitution of Constitutional Benches.
According to this article of the constitution, equal number of judges from all the provinces shall be included in the constitutional benches. No bench other than the Constitution Bench will hear a matter relating to the jurisdiction of the Supreme Court, the interpretation of the Constitution. Along with this, only the Constitutional Bench will be able to exercise the powers of automatic notice.
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Interview with Federal Law Minister Azam Nazir Tarar on the Upcoming Constitutional Bench
Interviewer: Thank you for joining us today, Minister Tarar. You’ve announced that the constitutional bench will begin its work next week. Can you elaborate on this?
Azam Nazir Tarar: Thank you for having me. Yes, the constitutional bench is set to start its work next week after Justice Yahya Afridi takes the oath of office as Chief Justice. It’s an important step for our judicial system, and once he is sworn in, we expect a meeting to form the constitutional bench.
Interviewer: That’s great news. What can you tell us about the structure and appointment of judges to the bench?
Azam Nazir Tarar: The judges will be appointed by the Judicial Commission of Pakistan, which will ensure a fair and balanced representation across all provinces. We aim for equal representation in the bench and have established guidelines to ensure integrity in the appointments.
Interviewer: You mentioned that there is a requirement for provincial assemblies to approve the formation of these benches. How does that process work?
Azam Nazir Tarar: Correct, a provincial constitutional bench can be formed if the provincial assembly approves a resolution with a simple majority of 51% of its members. This allows for regional representation and responsiveness to local legal matters.
Interviewer: What role will the Judicial Commission play in this process?
Azam Nazir Tarar: The Judicial Commission will be led by the Chief Justice and will include other senior judges, parliamentarians, and a representative from the Pakistan Bar. They will have the power to frame rules and establish procedures for the appointment of judges, ensuring transparency and accountability in the system.
Interviewer: How many judges can we expect to see on the constitutional bench, and will there be any representation of minority groups?
Azam Nazir Tarar: The draft amendment specifies that an equal number of judges will be appointed from each province. Additionally, we ensure diversity by including a female or non-Muslim member who meets the qualifications needed to serve in the Senate. This step is crucial for inclusivity in our judicial system.
Interviewer: Thank you, Minister Tarar, for your insights. We look forward to seeing the impact of these constitutional changes on the judicial landscape.
Azam Nazir Tarar: Thank you! We are committed to strengthening our judicial system and ensuring that it serves all citizens fairly.
Nal representation and empowerment in our judicial system, which we believe is crucial for a fair administration of justice across the country.
Interviewer: And what is the primary mandate of the constitutional bench once formed?
Azam Nazir Tarar: The constitutional bench will primarily handle matters related to the jurisdiction of the Supreme Court and the interpretation of the Constitution. It is essential that only the constitutional bench addresses these significant areas to maintain consistency and clarity in our judicial processes. This bench will consist of at least five judges, ensuring that we have a robust and well-rounded approach to constitutional matters.
Interviewer: Thank you, Minister Tarar. This initiative seems like a significant step toward enhancing the judiciary’s effectiveness. Is there anything else you would like to emphasize before we conclude?
Azam Nazir Tarar: I would like to reiterate the importance of a fair and transparent judicial process in strengthening our democracy. The formation of the constitutional bench is just one part of our broader efforts to ensure justice for all citizens, and we hope to see positive outcomes from this development in the near future.
Interviewer: Thank you so much for your insights, Minister Tarar. We look forward to seeing the constitutional bench in action next week.
Azam Nazir Tarar: Thank you for having me.
