About the Author(s)
Syed Waleed Ahmed
The author is an electrical engineer passionate about politics and current affairs. Drawing from their analytical mindset and interest in social dynamics, they offer insightful perspectives on the latest developments in the world of politics and beyond.
Synopsis:
Pakistan’s political landscape has taken a dramatic turn as the Pakistan Democratic Movement (PDM) unveiled a draft constitutional package last weekend, sparking intense debate and tensions between the governing body and opposition parties. The PDM’s proposal, aimed at addressing the country’s longstanding power dynamics, has been met with resistance from the opposition party led by former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI).
According to reports, the PTI claims it was not presented with any draft, casting doubts on the legitimacy of the PDM’s proposal. This development has reignited the longstanding struggle for power between the PDM and PTI, with the opposition seeking to dismantle the current government while the ruling party fights to maintain its grip on power.
Amendments:
Pakistan’s government has unveiled a comprehensive package of 56 constitutional amendments, with a significant focus on judiciary-related reforms, as reported by opposition parties and local media outlets.
Key Aspects of the Package:
- Judicial Reforms: Most proposals aim to introduce significant changes to the country’s judicial system.
- Constitutional Amendments: The package may include suggestions for constitutional amendments to address the concerns of various stakeholders.
- Power Dynamics: The proposals could potentially impact the balance of power between institutions in Pakistan.
Pakistan is considering a major overhaul of its judicial system with a proposed Constitutional Package. The key suggestion is to establish a new Federal Constitutional Court that will work alongside the Supreme Court, specifically handling petitions related to interpreting constitutional clauses.
Key Proposals:
- Constitutional Court Structure: The Constitutional Court would have its own chief justice, appointed by the president based on the prime minister’s recommendations.
- Judicial Term Limits: Judges in the Constitutional Court would have a three-year term limit and a retirement age of 68, unlike other judges who retire at 65.
- Legislator Voting Rights: The amendments seek to overturn a 2022 Supreme Court ruling, allowing legislators to vote against their party line in parliament.
This development is significant, considering Pakistan’s complex history of power struggles and constitutional challenges. The country’s constitution, which came into effect in 1973, has undergone several amendments over the years. The proposed changes aim to strengthen the judicial system and promote stability in the country.
Previous Amendment to the Constitution:
Provided the 6th Amendment of Article 179 of the Constitution, which says that “Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term.” This amendment was introduced during the tenure of Zulfikar Ali Bhutto – the former prime minister of Pakistan.
How the bill is passed?
Pakistan’s constitution can only be amended if the National Assembly and the Senate agree to the changes, with a two-thirds majority required in both houses. The National Assembly has 336 members, while the Senate has 96 members. To pass amendments, the government must secure at least 224 votes in the National Assembly and 64 votes in the Senate.
Current Situation:
Currently, the government has secured 214 votes in the National Assembly. Still, even with the additional support of eight votes from the Jamiat Ulema-e-Islam–Fazal (JUI-F) party led by Molana Fazal Ur Rehman, they are still short of the required number. In the Senate, the government has 57 votes and needs at least seven more to meet the requirement.
Antagonistic Approach Towards PTI:
The government and PTI are in a political tug-of-war, trying to win over JUI-F legislators. PTI leader Zulfi Bukhari claims the government’s delay in presenting the Constitutional Package indicates they lack the necessary votes. He alleges the government wants to rush through amendments to ensure Chief Justice Qazi Faez Isa, retiring soon, becomes the head of the proposed Constitutional Court, which would overshadow all other courts. Bukhari’s party opposes these changes, fearing they’ll strip the judiciary of its independence and render it powerless.
The PTI party alleges that the government aims to ban them and trial Imran Khan in a military court by manipulating constitutional changes and handpicking judges. Khan’s supporters believe his detention is arbitrary and have organized protests for his release. Although most of his convictions have been overturned or suspended, Khan remains in custody. The government’s indication that Khan’s trial could be taken in a secretive military court has further angered his party, which has filed a petition to prevent this. However, legal experts say existing laws allow the military to request civilian cases under specific circumstances.
Observations:
Pakistani analysts are concerned that the proposed constitutional amendments may shift the balance of power between the executive and judiciary. The government’s rush to pass these amendments has raised concerns, and the PTI party’s stance against them is understandable. The timing of the proposals, with the chief justice’s retirement next month, suggests an attempt to manipulate the appointment process. Creating a Constitutional Court would transfer powers from the Supreme Court, and the amendments appear to exempt the military from judicial oversight. This could significantly impact the power dynamics in Pakistan, where the military has historically held significant influence.
References:
CONSTITUTION (SIXTH AMENDMENT) ACT, 1976 (pakistani.org)
What are Pakistan’s controversial constitutional amendments about? | Explainer News | Al Jazeera
Details of 56 constitutional amendments revealed (tribune.com.pk)
Pakistan: ‘Constitutional Package’ shelved amid lack of political consensus (aninews.in)
What is the Constitutional Package? – Pakistan – DAWN.COM
