Some PCCR members averse to review 18th Amendment

ISLAMABAD - The review of appointment mechanism for judges in superior courts in the light of the interim order of Supreme Court of Pakistan would not be an easy task for the Parliamentary Committee for Constitutional Reforms (PCCR) as some of the members of the committee were of the view that they had accepted the 18th Amendment as a whole and any fragmented change in it would not be acceptable to them. The PCCR under the chairmanship of Senator Mian Raza Rabbani had a couple of sessions and now it would again meet on Nov 23 to take up the recommendations sent to the Parliament by the apex court along with the interim order to bring about changes in the appointment criterion of judges in the superior judiciary. Sources in the committee informed that some of the members of the committee belonging to smaller provinces had tried to bring other matters under discussion but the chairman of the committee, in categorical terms, had made it clear that they were only mandated to confine their discussion and debate to Article 275-A dealing with the appointment criteria of judges and added that bringing in other matters under discussion would open up Pandoras box. During the previous meeting, some members had raised the point that they had supported the 18th Amendment in totality and accepted some of the changes in the Constitution only because some of their issues were also addressed in it as per their partys agenda but now they were not ready to redefine some of the portions of the Amendment as it might have adverse effects on their policies later on, because the case wherein the 18th Amendment was challenged in the Supreme Court of Pakistan is still pending. Sources further informed that the Government was pressing to settle the issue of appointment of judges as per the demand of the apex judiciary as it was in no mood to lock horns with them (judges) at this critical juncture when all coalition partners of the Government were also rough with the Government. Sources maintained that the Government was going to accept all the demands of apex court regarding the appointment mechanism of the judges in superior courts and would completely address their reservations on the role of eight-member parliamentary committee to oversee the working of the Judicial Commission. Sources said that the role of Parliamentary Committee to have final say in the appointment of judges would be curtailed and now the committee could turn down the recommendation of the Judicial Commission but it has to give solid evidence in support of the rejection. But if the Judicial Commission would find the reasons given by the committee to reject some person to be appointed as judge in the superior judiciary, the commission could send back the same name to the committee and it would be binding on the committee to approve the same. Similarly, the role of Prime Minister in the appointment of judges would be reintroduced but that too would be ceremonious and could not have any influence on the role of Judicial Commission. Pakistan Peoples Party was putting in their best to bring around their coalition partners, which had embarrassed the Government at the time of tabling of RGST Bill in the National Assembly.

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