Law minister says constitutional amendments include independent jurisdiction court. Info minister says draft of proposed amendments shared with political parties. Bilawal claims constitutional package draft being finalised. Says Fazl’s support crucial to introduce amendments. If we agreed to constitutional package, it would be the biggest breach of nation’s trust: Fazl. PTI chairman Gohar says we have rejected the draft.
ISLAMABAD - The opposition parties and lawyers have straightforwardly rejected the proposed judicial reforms being dubbed as ‘constitutional package’ while the leaders of the ruling coalition including the federal ministers say that the consultations with the political parties are underway.
Minister for Information and Broadcasting Attaullah Tarar has said the process of broad-based consultation among political parties regarding constitutional amendments is continuing to develop a consensus.
Talking to the media in Islamabad this afternoon, he mentioned that having separate constitutional courts from the Supreme Court is an established practice in many countries.
He explained that the sole objective of this separation is to reduce the burden on the apex court, allowing constitutional matters and other cases of citizens to be heard and resolved swiftly through separate platforms.
The Minister stated Law Minister Azam Nazeer Tarar has prepared the draft of the proposed amendments and shared it with political parties for broader consultations to evolve a consensus.
He urged the opposition to refrain from creating ambiguity and making speculations, as this is a matter of Pakistan’s integrity and the Constitution. Law Minister Azam Nazeer Tarar has said the proposed constitutional package entails the establishment of an independent court to exercise constitutional jurisdiction.
Addressing representatives of lawyers’ bodies in Islamabad today, he mentioned that the establishment of a constitutional court had been demanded in the Charter of Democracy signed by former Prime Ministers Nawaz Sharif and Shaheed Mohtarma Benazir Bhutto. Additionally, it has been a long-standing demand of lawyers’ bodies, allied parties, and other state institutions.
Speaking on the occasion, Eminent Lawyer and PPP leader Farooq H. Naik noted that western democracies and other countries have adopted the concept of a constitutional court. He, however, suggested constituting a committee of lawyers to submit proposals in the best interest of the country.
Pakistan Peoples Party (PPP) chief Bilawal Bhutto Zardari said yesterday that the constitutional package was being finalised in consultation with the other parties.
Bilawal said the ‘alleged draft’ of the constitutional amendments was not the real document. He said that the PPP seeks to advance the reforms promised in its manifesto.
In a statement, he said the unconstitutional ruling on Article 63-A has deprived Parliamentarians of their right to vote according to their own will.
“They cannot cast their vote against party lines and risk disqualification if they do so. This is why it is imperative to achieve a minimum consensus, for which (Jamiat Ulema-e-Islam - Fazal chief) Maulana Fazlur Rehman’s support is crucial,” he added.
Bilawal expressed his desire to build consensus around the promises of his mother Benazir Bhutto, a former Prime Minister.
“The draft currently under discussion is temporary and will remain so without the backing of Maulana Fazlur Rehman or other allies. It can only be put forward after taking everyone’s input into account, forming consensus, securing approval from the cabinet, and presenting it in the National Assembly,” he said.
Bilawal said the PPP’s stance, from the very beginning, has been to pursue clear and concise judicial reforms.
“In the past, we have faced obstacles when attempting similar changes, but the PPP is now working on sharing its original draft concerning constitutional reforms with the JUI-F. Efforts were made to engage the PTI, but they were followed by a dangerous and provocative attack on the Chief of Army Staff and the Chief Justice, eroding the space for dialogue,” the PPP Chairman said.
Bilawal said that without a two-thirds majority, the amendments will not pass. “Every Pakistani is aware that our politics, Parliament, and judicial system are broken. Zulfikar Ali Bhutto’s family and party had to wait fifty years to attain justice, and the situation for the common man is now even more dire. As a matter of principle, there should be no objection to the necessity of judicial reforms in the country,” he maintained.
Regarding the government’s aspirations for constitutional amendments, he said they may be as ambitious as they wish, but the PPP’s interest, as per its manifesto and Benazir Bhutto’s 2006 promise, is tied to the remaining reforms proposed in the Charter of Democracy.
“The PPP’s stance is that fulfilling these commitments can not only secure justice for the common people but also address the endemic issues in our judicial system,” he elaborated. He reminded that there was no single example of a court constructing a dam, demolishing buildings to recreate a nostalgic vision of their childhood city, or setting the prices of fruits and vegetables. “Therefore, there should be no objection to the necessity of judicial reforms for the country,” he contended.
In response to a question regarding the timing and process, Bilawal highlighted that despite having a two-thirds majority, the 1973 Constitution was passed with consensus.
The 18th Amendment, although passed without a majority, also involved consensus. “The current political situation is one of peak polarisation, with politicians unwilling to shake hands. We took the initiative to form a committee that would engage all politicians, as we desired the PTI to play a positive role. However, the day after this effort, the PTI leader made a dangerous statement that sabotaged the progress. This statement was not only contemptuous of the court but also seditious. The PTI has yet to clarify whether this statement came from their leader,” he said.
He said it remains difficult for the PPP and Pakistan Muslim League (Nawaz) to pass this amendment with PTI’s involvement.
The PPP Chairman clarified that the PPP’s draft did not address the age issue in the manner presented. “The PPP focused more on the establishment of constitutional courts, while the government was concerned with age-related changes. The PPP supported reducing the age limit, to which the government agreed and incorporated into the draft. The government proposed setting the Chief Justice’s maximum age at 67 with a three-year term. The JUI suggested retaining the current age limit of 65. Our party believes that fixing an age limit, whether 65 or 67, could be seen as individual-specific, aimed at keeping someone in or out of the race,” Bilawal explained.
Bilawal said previous attempts to reform the judiciary were thwarted by then Chief Justice Iftikhar Chaudhary, who “blackmailed” the government. “Since then, the PPP has continuously advocated for these changes. My suggestion today remains to return to the 18th Amendment. Maulana Fazlur Rehman’s party proposed merging the judiciary with Parliament’s representatives in the appointment committee. The PPP has no objection to such a path,” he added.
Jamiat Ulema-e-Islam Fazl (JUI-F) Chief Maulana Fazlur Rehman, who took the centre stage as both the government and the opposition sought his support, has completely rejected the draft of the “controversial” constitutional package, aimed at making changes to Pakistan’s judicial and parliamentary systems.
“The draft we were given was reviewed, and it was in no way acceptable,” the veteran politician said while talking to journalists after attending a luncheon at Pakistan Tehreek-e-Insaf (PTI) leader Asad Qaiser’s residence on Wednesday. The PTI and JUI-F, which have been arch-rivals traditionally, found common ground after the February 8 general elections and expressed mutual concerns over the alleged interference and manipulation during the polls.
Former NA speaker Asad Qaiser hosted a luncheon in honour of the JUI-F head in Islamabad today, which was also attended by other PTI lawmakers including Omar Ayub, Barrister Gohar and former president Arif Alvi. Speaking to journalists following the meeting, Fazl said they have completely rejected the constitutional amendments’ proposed draft provided by the government. “It [the draft] was shared with specific individuals, not with everyone.”
“Had we agreed to the constitutional package, it would have been the biggest breach of nation’s trust,” he added.
For his part, Asad Qaiser castigated the incumbent rulers for ‘concealing’ the draft of the constitutional package, which he said contained at least 56 amendments, even from its own parliamentarians. “We do not accept this legislation in any respect.”
The PTI leader further said that the future course of action will be decided after consultation with all opposition parties. However, he mentioned, they will table this matter in tomorrow’s lawyers’ convention in Lahore.
Responding to a question about any contact from the government in this regard, Qaiser said that no formal contact was made from the other side.
Speaking on the occasion, PTI Chairman Barrister Gohar pointed out the alleged contradiction in statements of ruling coalition partners — Defence Minister Khawaja Asif and PPP Chairman Bilawal Bhutto.
“In the assembly, Khawaja Asif stated this is the draft, whose contents have been shared [on social media]; however, Bilawal Bhutto said this is not the same draft; it’s a different one,” Gohar said and added, “Whatever the draft is, both parties [PTI and JUI-F] have rejected it.”
However, he remarked, if the government provides the opposition a new draft, they will reconsider it.