ISLAMABAD: Prime Minister Shehbaz Sharif said on Monday consultations would continue with all political parties on a controversial constitutional amendment package after his coalition government postponed tabling the legislation amid outcry from opposition parties and the Pakistani legal fraternity.
The proposed amendments, an official copy of which has not been released by the government but partially leaked to the press, aim to establish a federal constitutional court, raise the retirement age of Supreme Court judges and modify the process for the appointment of the chief justice of Pakistan, among other changes to the constitution.
Opposition parties, lawyers, former judges and independent experts have widely said the amendments are aimed at increasing the government’s power in making key judicial appointments and will change the separation of powers in the South Asian nation of 240 million.
On Monday, the coalition government admitted it could not secure the required 224 votes, a two-thirds majority, needed to pass the amendments.
“Ongoing consultations with all political parties regarding the constitutional amendment will continue,” Radio Pakistan quoted Sharif as saying after he met a delegation from coalition partner, the Pakistan Peoples Party, which called on him in Islamabad under the leadership of Party Chairman Bilawal Bhutto Zardari.
“During the meeting, it was agreed that Bhutto Zardari and other senior party leadership will play their due role in this consultation process. It was further agreed to engage political parties and hold consultation with them to reach any conclusion in the days to come.”
Sharif said amending the constitution and passing legislation were within the purview of parliament, which had been entrusted to do so by the 240 million people of Pakistan.
“He said the purpose of the proposed constitutional amendment is to ensure speedy and effective delivery of justice to the masses,” Radio Pakistan concluded.
The Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has said the amendments are meant above all to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, who is widely believed to be aligned with the ruling coalition led by Sharif and in opposition to its chief rival, the PTI. PTI founder Khan has threatened nationwide protests against the reforms. The government denies the amendments are “individual-specific.”
Speaking in the National Assembly on Monday, Law Minister Tarar said the draft of amendments had not yet been presented before the cabinet as required under the constitution, and asked opposition parties to give “positive recommendations” instead of undue criticism.
“A special parliamentary committee has been made, which included members of all political parties, so all are invited to bring suggestions in this regard to the committee,” Tarar said.
Prominent lawyers, including Abid Zuberi, Shafqat Mehmood Chauhan, Shahab Sarki, Ishtiaq Ahmed Khan and Munir Kakar, on Monday filed a petition in the Supreme Court challenging the proposed amendments.
“Through the instant petition the petitioners seek to challenge the vires of the proposed constitutional package,” they stated in the petition.
“The proposed bill puts forth proposed amendments to the constitution that would transfer the vested powers of the Supreme Court of Pakistan and the high courts of Pakistan as granted by the constitution to the executive and entirely annihilate the principles of independence of judiciary and suppression of power.”
Munir A Malik, a former attorney general of Pakistan who was a key leader of the 2007 street movement to restore the Supreme Court chief justice removed by then military ruler General Pervez Musharraf, said the proposed amendments would abolish the trichotomy of power — executive, legislature and judiciary — under the constitution.
“We will have a judiciary subservient to the executive and this is a frontal assault on the judicial system and the independence of the judiciary,” he told Arab News.
“I think every lawyer who believes in the rule of law will stand up against any such step which undermines the independence of the judiciary.”
