Reform body proposals

EVEN though only mandated to examine the Constitution with a view to repealing the dictatorial provisions of the 18th Amendment, the Constitutional Reforms Committee of Parliament has not only considered, but made public, proposals for a new mechanism for judicial appointments. It proposes a judicial commission with the Chief Justice of Pakistan, the two seniormost judges of the Supreme Court, the Attorney General, the Law Minister and an advocate named by the Pakistan Bar Council, to make recommendations for the Supreme Court to a parliamentary committee. Also, the same commission, though expanded to include the chief justice of the concerned high court, its senior most judge, and the provincial law minister as well as a representative of the provincial bar council, to make recommendations for the high courts to the committee. The parliamentary committee of eight would consist of representatives of both Senate and the National Assembly, and of both Treasury and Opposition, and would only disapprove a commission recommendation by a three-fourths majority (or at least 6-2), in which case it would give a substitute name. The committee would make its decision in 14 days, failing which the commissions recommendations would be considered as final. The appointment would still be made by the President. The Committees recommendation does not deserve to be considered on merit, because the Supreme Court Bar Association has already warned that it will support the Court if any attempt is made to take the power of appointment from the judiciary and place it in the hands of politicians. The recommendations also represent the governments reply to the Supreme Court, which forced its retreat on judicial appointments recently. The government is not paying attention to the fact that the Supreme Court has adopted the Basic Structures Doctrine, and can strike down even amendments to the Constitution. Though the Committee has a PPP majority, it should stick to its real task, of erasing the Amendment which Musharraf had made to entrench himself.

ePaper - Nawaiwaqt