ISLAMABAD, SEPT 15: As ambiguity surrounding the much-touted ‘constitutional package’ deepens, the federal government is reportedly planning to form constitutional court and tweak Article 63-A of the Constitution — which is also known as defection clause.
The prospects of the said constitutional package come amid speculations revolving around extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa — who is set to retire in October this year — after the Pakistan Tehreek-e-Insaf (PTI) sought an early issuance of notification regarding the next top judge last month.
The government has been tight-lipped on the proposed amendments to the Constitution, but clarified that the package will not be a person-specific and would give the authorities ingress in the judicial procedure.
As part of the judicial reforms, it was proposed to increase the retirement age of superior judges by three years.
Article 179 of the Constitution envisages that a judge of the Supreme Court shall hold office until he attains the age of 65 years, whereas Article 195 of the Constitution says that a judge of a high court shall hold office until he attains the age of 62 years.
Furthermore, the government is also mulling revising the seniority principle in the appointment of the top judge, government’s spokesperson on legal affairs Barrister Aqeel Malik confirmed while speaking on Geo News programme ‘Naya Pakistan’ a day earlier.
At present, according to Article 175A of the Constitution, only the senior most judge of the Supreme Court is appointed as the CJP on the basis of principle of seniority.
Sources claimed that Prime Minister Shehbaz Sharif has summoned a meeting of federal cabinet tomorrow (Sunday) for approval of constitutional amendment draft.
Meanwhile, the premier has taken the parliamentarians of Pakistan Muslim League-Nawaz (PML-N) and other allied parties on board over the potential constitutional amendment — that according to sources expected to be tabled in parliament tomorrow.
During a dinner hosted in honour of parliamentarians, the coalition parties assured the prime minister of their support in the passage of the constitutional package, the insiders said.
PM Shehbaz also reportedly asked lawmakers to ensure their presence in the two houses of parliament for the upcoming legislation tomorrow.
Addressing the lawmakers, PM Shehbaz highlighted the importance of legislative efforts in the national and public interest, saying parliament is the supreme institution of the country.
He underscored that the sanctity of parliament must always be upheld, adding that national issues should only be resolved through legislature.
“Political stability is crucial for ensuring economic stability and advancing the country on the path of development,” he added.
He said there were attempts to drag constitutional institutions and non-political figures into politics and make them a party.
He added that politics will continue, but the continuity of policies was crucial to save the country.
The dinner was attended by the federal ministers and members of parliament from PML-N, MQM-P, BAP, NP and PML Zia.
Constitutional court
Sources told Geo News that the government, through the constitutional amendment, has also decided to form constitutional court and amend the Article 63-A of the Constitution — which deals with the defection of the lawmakers.
Deputy Prime Minister Ishaq Dar has also echoed the same in upper house of parliament earlier today, saying the “Constitutional Bill” was in line with the provisions of the Charter of Democracy (COD) endorsed by all the political parties including the Pakistan Tehreek-e-Insaf (PTI).
Speaking on the Senate floor, Senator Dar underlined that the issues pertaining to the constitutional bill have been discussed in the Special Parliamentary Committee, constituted following the arrest of some members of the lower house of parliament.
“Under the Charter of Democracy, the article four demanded a constitutional court in the country to hear constitutional petitions and dispose of them. The elite class in the country gets swift petition hearings whereas 60,000 cases are pending in the Supreme Court including 25% constitutional petitions and 50% constitutional petitions in the High Courts.”
He pointed out that the charter was not done by two political parties whereas after few weeks all political parties were convened, and they endorsed the document including the PTI founder Imran Khan.
“The constitutional court is not new but rather it was appreciated widely world over. The PTI founder and prime signatories have signed the document so there is nothing hidden. I am not privy to the bill and it’s the prerogative of the Law Minister [Azam Nazeer Tarar],” he added.
The Leader of the House said it was not something strange but rather a routine legislative procedure practice done in any government.
“The opposition should support the government and I assure the opposition that there would be no surprise in the legislation as we have to resolve public issues and this country has potential to reemerge as a succeeding nation,” he added.
Defection clause
On the other hand, Leader of the Opposition in the Senate, Senator Shibli Faraz read the article 63-A of the Constitution in response to Senator Ishaq Dar’s request of for the support of the legislation:
(1) If a member of a parliamentary party composed of a single political party in a House — (a) resigns from membership of his political party or joins another Parliamentary Party; or (b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to (i) election of the Prime Minister or the Chief Minister; or (ii) a vote of confidence or a vote of no-confidence; or (iii) a Money Bill or a Constitution (Amendment) Bill;
“So it says very clearly and I rest my case,” he added.
Senator Ishaq Dar said this constitutional amendment did not imply earlier on the matter which was added after the 18th amendment as it was limited to three items.
“But we debated during the 18th Amendment Parliamentary Committee to add the fourth item as constitutional amendment was important to limit trampling of the party line as the party may move reference for disqualification of the said members,” he added.
For his part, Senator Farooq H Naik said the disqualification is applicable to the member on casting vote against the parliamentary party line.
“The supreme court has rewritten the Constitution in its wisdom in the Punjab government case and the review against it is pending and its violation of Article 63 as the Supreme Court cannot rewrite the Constitution and the Law but interpret the law The Court has taken over the power of the parliament and violation of the theory of separation of powers laid in the Constitution,” he said.
