Proposed Constitutional Amendments: Will Ratification and Constitutional Consolidation Possible?

Pakistan It has become a problem for the government once again to pass the constitutional amendment package with a two-thirds majority.

According to the proposed amendment documents that have come out so far after the two changes, the establishment of constitutional courts with the Supreme Court, the determination of the tenure and age of the judges, and the proposal to nominate one of the three senior judges as Chief Justice. is Before this, the senior most judge is made the Chief Justice.

Although reservations have been raised on other proposals including these, lawyers and others Pakistan Tehreek-e-Insaf (PTI) has rejected this amendment bill itself.

If we look at the history, earlier even during the government of the People’s Party, judicial reforms had to be removed from the draft due to the pressure of the Muslim League-N at the time of approval of the Eighteenth Amendment.

Now the current government is also facing the same challenge for approval of the twenty-sixth amendment.

On Sunday, the meetings of the National Assembly and the Senate did not start for several hours because the government did not have the required number. Due to not getting the support of Maulana Fazlur Rahman, the matter was suspended for an indefinite period.

Mail meetings of all major political parties are still going on. Chairman of People’s Party Bilawal Bhutto Zardari said in the statements given to the media last night that “Now People’s Party and JUI will prepare a draft of the draft proposals of the amendment bill.” It will then be presented to the government and unanimously approved.’

JUI spokesperson Aslam Ghori has also confirmed that proposals are being prepared in collaboration with the People’s Party.

In this regard, Rana Sanaullah, Advisor to the Prime Minister on Political Affairs, has said that it is not a win or a loss for anyone, but the government is making a strategy to remove the reservations of JUI and pass the bill unanimously. Earlier, the bill could not be presented on the basis of some misunderstandings.’

According to him: ‘By the way, the final draft of this amendment bill has not been prepared, but the documents based on the suggestions that have come out after the changes, the former president of the Supreme Court Bar Abid Zubiri has filed a petition in the Supreme Court against them. is given.

The Lahore High Court Bar also rejected these proposals and called the All Pakistan Lawyers Convention on Thursday.

President Bar Asad Manzoor announced in his statement that he will not accept the law for the establishment of constitutional courts and the extension of the term of the Chief Justice by three years.

According to the leader of Tehreek-e-Insaf and senior jurist Hamid Khan, “If dictators like Ayub Khan, Yahya Khan, General Musharraf did not have the courage to divide the Supreme Court, how can those who claim democracy be allowed to do so?” ‘

Is the constitutional amendment bill still likely to be passed?

Talking to Independent Urdu, Rana Sanaullah said that ‘after the decision of the specific seats, we do not have a two-thirds majority. We have 11, 12 numbers less. So we need the support of Maulana Fazlur Rahman for this 26th constitutional amendment. Earlier also Mohsin Naqvi and Azam Nazir Tarar had a conversation with him. Then the President and the Prime Minister also went to Maulana. From which it was understood that they agreed to these amendments.

Rana Sanaullah said that when Maulana addressed the House, it was understood that he had some tricks. It is wrong that they want to negotiate. He suggested that the amendments should be brought in consultation with all and the basic reservations should be removed. For this, we and Bilawal Bhutto are in talks with him. We will bring amendments together to improve the system, which will also be approved.

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According to Bilawal Bhutto Zardari, it has been decided in the meeting with Maulana that he will prepare new proposals together with us. PTI may also be consulted for what we will draft together with the government. If he does not agree, we will complete this amendment bill together with Maulana, which could not be passed at the time of the eighteenth amendment.’

Spokesman JUI Aslam Ghori while talking to Independent Urdu said that ‘From the first day we have been of the position that such a constitutional reform package should be prepared which all the parties agree with. This is not only the issue of the government or its allied parties, but the issue of 25 crore people. Laws cannot be made to extend a single judge. Therefore, no one will accept the procedure of appointment of judges or the matter of increasing their term.

Aslam Ghori said that ‘Maulana Sahib has said that until the draft is ready, how can we support it. After which the effort to prepare the draft with consensus consultation is going on. A draft is being prepared which is not objectionable to any political party and is better for the system. Instead of the interests of any one party, the focus will be on solving public problems.’

Is constitutional consolidation possible with the proposed amendments?

Talking to Independent Urdu, Hamid Khan said that the government has tried to bring the judicial reform amendment bill. They cannot be recognized in any case because they are for a particular purpose Judiciary Freedom is being attacked. We lawyers do not accept any alternative court because the Supreme Court is also a federal court and there is also a constitutional court.

Hamid Khan said that there is a big sinister attempt to bring an alternative court in which they want to recruit their own people. The procedure for promotion of Chief Justice is given in the 18th Amendment, everyone agrees on it, so why is there a need to change it now?

“We will not allow a biased person to become the Chief Justice. They want to destroy the biggest court of our country. It is the work of the Supreme Court to hear cases of public interest and other types of cases can also be heard by the Supreme Court.

He said that if improvement is to be made, the Supreme Court has to improve its case management system. It is hoped that Justice Mansoor Ali Shah will improve the case management system by becoming the Chief Justice.

Hamid Khan said that if a law is made to make one of the three senior judges the chief justice, then like other institutions, every judge will try to get the pleasure of the government to become the chief. In this way, instead of work on merit, the race to become chief will start here.’