‘Constitutional Package’

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‘Constitutional Package’ set to see light of day​

Syed Irfan Raza
September 14, 2024

• Much-touted legislation aimed at giving country’s top judge a fixed term expected to be tabled today
• NA and Senate summoned on weekend; govt members say amendment may be introduced in upper house first
• Coalition claims to have ‘done its homework’; Fazl’s support seen as holding key to govt’s success

ISLAMABAD: A highly anticipated “Constitutional Package” that aims to — among other things — fix the tenure of the chief justice of Pakistan (CJP) at three years, seems set to be introduced in parliament today (Saturday).

While on the face of it, it is still not certain whether the ruling coalition has the numbers required to secure the passage of the constitutional amendment — which requires the assent of at least two-thirds of lawmakers — around 224 votes out of a total of 336 members in the lower house. But as of now, it appears that the government is short of at least a dozen votes in both houses.

However, if posturing by government spokespersons is anything to go by, the Shehbaz Sharif administration seems confident it will be able to secure the required numbers of vote to have the amendment passed.

Sessions of both houses of parliament have been summoned this evening (Saturday), with only an hour’s gap. It is unusual for parliament to convene on a weekend, as this usually does not happen outside budget sessions or sitting convened for a specific, time-sensitive issue.

Although the officially issued agenda for the NA session does not include any mention of the amendment, experience has shown that such items are usually laid before the house as part of a supplementary agenda.

Parties in the ruling coalition — including the PML-N, PPP, MQM and others — have directed their members to stay in the capital over the weekend days to ensure their presence in both houses for the passage of the legislation.

Parliamentary party meetings have been held on an almost daily basis since the start of the current session of the National Assembly, ostensibly in a bid to keep an eye on the availability of their members.

To illustrate their seriousness, a source in the PPP told Dawn that PPP MNA Nafisa Shah, who wanted to proceed to her hometown to celebrate birthday of her father, former Sindh CM Qaim Ali Shah, on Friday, but was not allowed to leave the federal capital until the conclusion of the session.

Barrister Aqeel Malik, an aide to the PM on legal affairs, claimed on Friday that the bill to turn the position of the CJP into a tenured post will be tabled today (Saturday).

“The bill will be introduced on Saturday and I think it will be tabled first in the Senate and then in the National Assembly,” he added.

Asked whether the government had the support of the required number of legislators, he said that both houses were summoned to meet after the government did its homework thoroughly.

A senator of the ruling PML-N also told Dawn that the bill — referred to in the media as a ‘Constitutional Package’ as it includes amendments to a number of constitutional articles — was likely to be introduced today (Saturday).

“We have been asked to ensure our presence in parliament on these days,” he said.

Asked whether incumbent CJP Qazi Faez Isa would also benefit from the bill’s passage, Barrister Aqeel said that once any legislation became part of the Constitution, it applied to all concerned. However, the CJP’s recent clarification seems to indicate that he was not interested in a ‘person-specific’ change to the law, nor was he onboard for an extension in his tenure.

Despite attempts by opposition parties at enforcing strict discipline among their ranks, it is rumoured that the government had managed to win over some PTI-allied lawmakers who are apparently willing to jump ship to lend their support to the ruling coalition.

The government has also been trying its best to woo JUI-F chief Maulana Fazlur Rehman — a long-time ally of the Sharifs. If he does indeed lend his support to the ‘Constitutional Package’, the government will be in a commanding position in the Senate, but would still be short of around four to five votes in the National Assembly.

A constitutional amendment is passed or rejected through open ballot, in which those who go against their parties’ stance cannot conceal their vote.

An official of the National Assembly Secretariat said that although the government was apparently short of the number of votes it required, past precedent indicated that the amendments could be passed through some backdoor deals.

He quoted the example of the election of incumbent Senate Chairman Syed Yousuf Raza Gilani, who was elected even though the ruling alliance seemingly did not enjoy the support of the required number of senators.

Published in Dawn, September 14th, 2024

 

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PTI’s Arif Alvi meets Fazlur Rehman to discuss proposed constitutional amendments​

Ruling PML-N-led coalition faces resistance in pushing through its secret constitutional amendment package

 

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Constitutional package still in limbo as consensus eludes parliamentary committee​

Nadir Guramani
October 11, 2024

The government’s much-touted constitutional amendment remains in limbo as consensus eluded the Friday meeting of the parliamentary committee set up to debate the package.

The much-talked-about Constitutional Package is legislation proposing a set of constitutional amendments, including the extension of the top judge’s term.

Three separate drafts of the constitutional package are being prepared – one by the government, the second by the PPP, and the third by the Jamiat Ulema-i-Islam-Fazl (JUI-F).

The committee, led by PPP’s Khursheed Shah, has the representation of all parties, including the PTI. It was formed by the National Assembly speaker for reconciliation among lawmakers, particularly between the PTI and the government, after a raid by plainclothesmen to round up the PTI men from the Parliament House.

The parliamentary committee meeting took place today where major political parties, including the PML-N, PPP, PTI and JUI-F, discussed drafts for the constitutional package.

Talking to reporters after the meeting, Law Minister Azam Nazeer Tarar said recommendations were presented to the committee but the members could not reach any agreement.

“The PTI asked for time to examine and they did not give their opinions today,” he said, adding that the JUI-F, which was expected to share its suggestions at today’s meeting, was asked to share its draft as well. He said the party might present its draft tomorrow.

“We will meet tomorrow at noon to take matters forward,” he added. Tarar said the suggestions from the government and the bar bodies were brought before the committee and it was decided to have another meeting on Saturday.

JUI-F chief Maulana Fazlur Rehman said the government shared a draft for the first time, adding that the PPP and JUI-F will have talks with one another and make attempts to produce one draft, after which it will be shared for consultation with the PML-N and PTI to achieve consensus.

He said other political parties would be brought aboard as well.

PTI leaders Amir Dogar and Barrister Ali Gohar were also present at the meeting.

Gohar said that the PTI would give suggestions when a detailed draft was presented.

“We have not seen anything from the government,” he said.

Meanwhile, Dogar said that the government’s draft “has ambiguity” and it should present plans to the committee with clarity. He said further committee meetings would be held.

“The amendment requires more time,” he said, adding, “We will talk with party members and experts, and with Maulana Fazlur Rehman as we have an understanding.”

Earlier, the PPP and PML-N decided to postpone the much-touted constitutional amendment until after the Shanghai Cooperation Organisation (SCO) summit, and agreed to incorporate the suggestions put forth by Fazl as the ruling coalition woos his support to achieve a two-thirds majority in parliament.

 

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https://twitter.com/x/status/1848264091896303985

President Zardari gives assent to 26th Constitutional Amendment​

PM Shehbaz sent his advice to the president following Act's approval from NA earlier today; PTI assails "conscience of turncoats".

 

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Senators berate PTI for opposing amendment​

Iftikhar A. Khan
October 21, 2024

• Ali Zafar says current draft allows govt to install judges of its choosing
• Dar claims follow-up amendments to CrPC in the pipeline
• ANP’s Aimal Wali says Pakistan needs judges like Qazi Faez Isa
• MWM senator says legislation becomes questionable when people are abducted, harassed for its sake

Aimal Wali Khan

ISLAMABAD: Taking part in the debate in the Senate on the 26th Constitution Amendment Bill 2024, senators from the ruling coalition criticised the PTI for not becoming a part of the exercise to introduce essential amendments to the Constitution.

However, the party’s leader in the upper house, Barrister Ali Zafar, said there were several reasons why they had chosen not to become a part of this legislation.

“We were not given the opportunity to consult the founder PTI. There are some clauses in the current draft which are a big stain on democracy and a very serious flaw in it. There are those that will cause us irreparable harm in the future, which will be impossible to change,” he said, adding that most of the points in the current draft would allow the government to appoint judges of its own choice.

He expressed the fear that their “abducted comrades will be presented in the House for the constitutional amendment, who will vote by force or for any other reason.”

“Voting after forcing, beating and abducting people is not consensual, the manner in which the constitutional amendment is being done is not only a crime but also against religious values,” he argued.

 

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ANP’s Aimal Wali's speech in the Pakistani Senate yesterday. It's really worth watching.

I think this man is more sincere to the Pakistani nation and state than these filthy yo*thers. Also, the unemotional and elegant way that he talked with is something that no yo*thia can exibit at all. Yo*thias normally get rabid while talking.

 

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26th Constitutional Amendment a 'blow to judicial independence': ICJ​

International Commission of Jurists decries ‘secretive manner’ adopted to pass the amendments

News Desk
October 21, 2024

Parliament building in Islamabad. PHOTO: FILE

The International Commission of Jurists (ICJ) has strongly criticised the passage of the 26th Constitutional Amendment, which was approved by both houses of parliament, labelling it a “blow to judicial independence.”

Expressing deep concern, it stated that the amendment represented “a blow to judicial independence, the rule of law, and human rights protection”.

In a statement, Santiago Canton, the ICJ secretary general, warned that the reforms bring an “extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration".

Canton added that the changes “erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights”.

The ICJ further criticised the rapidity with which the amendment became law, pointing out that the draft changes were kept secret, with no public consultations held before they were introduced and passed by parliament.

“It is alarming that a Constitutional Amendment of such significance and public interest was passed in such a secretive manner and in less than 24 hours,” Canton said.

He added, “The core principle of the rule of law and the separation of powers, according to which citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws, was flagrantly violated in this case”.

The ICJ also noted that the amendment “seriously undermines the independence of the judiciary by unduly subjecting it to executive and parliamentary control”.

In particular, the ICJ took issue with changes to the composition of the Judicial Commission of Pakistan (JCP), arguing that the reforms would “allow for direct political influence over it and reduce the JCP’s judicial members to a minority”.

The ICJ warned that giving the JCP the power to form constitutional benches could lead to the creation of “tailor-made judicial benches to hear specific cases,” including politically significant cases, raising concerns that such benches would not be independent or impartial.

The ICJ also voiced concerns over the process for appointing the chief justice of Pakistan, noting that the amendment provides no clear grounds or criteria for the parliamentary committee that will nominate the CJP.

The changes related to the removal of inefficient judges also drew criticism, as the amendment does not define inefficiency or establish any clear criteria for it.

While acknowledging that some reforms may have been necessary to improve the efficiency, accountability, and transparency of the judicial system, the ICJ firmly opposed the new amendments.

Canton emphasised, “These amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers, and the independence of the judiciary".

It is pertinent to note that the amendments have also sparked concerns among legal experts and human rights defenders in Pakistan, who fear that they will compromise the judiciary’s ability to function as an impartial and independent institution.

 

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26th Constitutional Amendment a 'blow to judicial independence': ICJ​

International Commission of Jurists decries ‘secretive manner’ adopted to pass the amendments

News Desk
October 21, 2024

Parliament building in Islamabad. PHOTO: FILE

The International Commission of Jurists (ICJ) has strongly criticised the passage of the 26th Constitutional Amendment, which was approved by both houses of parliament, labelling it a “blow to judicial independence.”

Expressing deep concern, it stated that the amendment represented “a blow to judicial independence, the rule of law, and human rights protection”.

In a statement, Santiago Canton, the ICJ secretary general, warned that the reforms bring an “extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration".

Canton added that the changes “erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights”.

The ICJ further criticised the rapidity with which the amendment became law, pointing out that the draft changes were kept secret, with no public consultations held before they were introduced and passed by parliament.

“It is alarming that a Constitutional Amendment of such significance and public interest was passed in such a secretive manner and in less than 24 hours,” Canton said.

He added, “The core principle of the rule of law and the separation of powers, according to which citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws, was flagrantly violated in this case”.

The ICJ also noted that the amendment “seriously undermines the independence of the judiciary by unduly subjecting it to executive and parliamentary control”.

In particular, the ICJ took issue with changes to the composition of the Judicial Commission of Pakistan (JCP), arguing that the reforms would “allow for direct political influence over it and reduce the JCP’s judicial members to a minority”.

The ICJ warned that giving the JCP the power to form constitutional benches could lead to the creation of “tailor-made judicial benches to hear specific cases,” including politically significant cases, raising concerns that such benches would not be independent or impartial.

The ICJ also voiced concerns over the process for appointing the chief justice of Pakistan, noting that the amendment provides no clear grounds or criteria for the parliamentary committee that will nominate the CJP.

The changes related to the removal of inefficient judges also drew criticism, as the amendment does not define inefficiency or establish any clear criteria for it.

While acknowledging that some reforms may have been necessary to improve the efficiency, accountability, and transparency of the judicial system, the ICJ firmly opposed the new amendments.

Canton emphasised, “These amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers, and the independence of the judiciary".

It is pertinent to note that the amendments have also sparked concerns among legal experts and human rights defenders in Pakistan, who fear that they will compromise the judiciary’s ability to function as an impartial and independent institution.

The Senate has recently passed the 26th Constitutional Amendment Bill,
2024, establishing a deadline of January 1, 2028, for the abolition of
Riba (interest-based banking) in Pakistan.