The proposed draft of the 26th constitutional amendment has suggested the creation of Constitutional Court within the Supreme Court, which will oversee constitutional appeals and the hearing of cases, reported 24NewsHD TV channel.
The draft of the constitutional reforms which was approved by the special parliamentary committee, a copy of the document has been obtained by 24NewsHD TV channel, suggested major reforms in the judiciary.
Special parliamentary committee comprising government and opposition members has approved the draft for the 26th constitutional amendment. Chairman of the special committee Khursheed Shah said the committee unanimously approved the draft for the proposed constitutional amendments.
According to the document, a three-member constitutional bench, constituted by the three senior-most judges of apex court, will handle cases previously under the original jurisdiction of the Supreme Court. The proposed changes emphasize equitable representation of judges from all provinces. Notably, no Supreme Court judge will have the authority to hear suo motu cases, constitutional appeals, or presidential references independently.
The draft introduced a new Article 191A, declaring a healthy and sustainable environment a fundamental right. Additionally, amendments to existing articles aim to restrict judicial review of summaries submitted by the prime minister or cabinet. The reforms had also proposed alterations to the composition and functioning of the judicial commission and the Supreme Judicial Council.
The proposed draft addresses various aspects of governance, judicial appointments, and the powers of key officials. One significant proposal includes amending Clause 4 of Article 48, which states that the advice given by the President, the Cabinet, and the Prime Minister of the country cannot be challenged in any forum.
Another major proposed change is to Article 63A, which pertains to voting procedures within political parties. The government’s amendment would allow the votes cast by lawmakers against the instructions of their party’s leader to be counted. After such a vote, the party leader would retain the authority to take action against the dissenting members.
The government has also suggested amending Article 111, allowing provincial assembly discussions on legal matters to involve not just the Attorney General but also legal advisors, expanding their influence in legislative matters. One of the more significant reforms concerning the appointment of judges, outlined in a proposed amendment to Article 175A. The Judicial Commission would be tasked with reviewing the performance of High Court judges, and a new procedure for appointing Supreme Court judges is suggested.
The proposal includes forming a judges’ appointment committee comprising two government members – a senator and an MNA proposed by the PM and two opposition members nominated by the opposition leader with additional parliamentary input. Additionally, the 12-member parliamentary committee comprised eight members from National Assembly and four Senators would have the power to appoint the Chief Justice of Pakistan, selecting among the three most senior judges. These reforms also include the provision for in-camera meetings during the appointment of the Chief Justice.
According to the proposed draft, the Judicial Commission will be reconstituted and the appointment of the Chief Justice of Pakistan will be made for a period of three years by a parliamentary committee panel. Appointment of chief justice will be among the three senior-most judges. The Chief Justice will be appointed by a 12-member parliamentary committee.
According to the draft of the amendment bill, it was proposed to constitute a constitutional bench in the Supreme Court which will hear all constitutional cases. The judges of the Constitutional Bench will be appointed by the Judicial Commission of Pakistan. Equal judges from all provinces will be appointed in the constitutional bench. The Constitutional Amendment Bill was reduced from 56 section to 26.
Constitutional cases are transferred to the Constitutional Bench, the judiciary will not have the authority to rule or interpret any constitutional issue beyond pleadings. It is also proposed to abolish the power to take sumo notice from the Chief Justice.
The Supreme Judicial Council will consist of 13 members while Chief Justice of the Supreme Court will be the head of the Judicial Commission. Apart from four senior-most judges and a retired chief justice or judge, the federal law minister, the attorney general, and senior advocates of the Pakistan Bar Council will be part of the commission.
The Judicial Commission regarding the appointment of judges will also have 4 members of parliament, two members of the commission will be taken from the National Assembly and two from the Senate. Two government and two opposition members will be part of the committee. On the government side, one senator and one MNA will be nominated by the Prime Minister and two names will be proposed by the opposition leader. The term of the chief Justice will be fixed for three years.
After the expiry of the term, the Chief Election Commissioner shall remain in office until a new Chief Election Commissioner is appointed. According to the amendment in Article 179, the Chief Justice can issue notice only on the petition. Under the proposed constitutional amendment, the tenure of the Chief Justice will be three years. The Chief Justice will retire prematurely on attaining the age of 65 years. If one becomes Chief Justice at the age of 60, one has to retire from the post after three years. The meeting for the appointment of Chief Justice will be held in camera.
Equal judges from all provinces will be appointed in the constitution bench. After the amendment, constitutional cases will be transferred to the Constitution Bench. All constitutional cases will be heard by the Constitution Bench. Under the proposed amendment in Article 209, the Judiciary will not have the power to rule or interpret any constitutional matter beyond the plea. Under the proposal to amend Article 63A, votes against the direction of the party chief will be counted and party chief will be authorized to act against the concerned MNA after it.
Under the amendment proposed in Article 111, advisors along with the advocate general will also be able to discuss legal matters in the provincial assembly. The government has proposed permission to dual citizens to contest the elections, however, he will be bound to quit his dual nationality within 90 days.
Reporter: Awais Kiyani