After days of political maneuvering and speculation, the Federal Law Minister has sought to address the opposition's concerns regarding the proposed "Constitutional Package," assuring that no decision will be made without consensus.
On Monday, Federal Law Minister Azam Nazeer Tarar clarified that constitutional courts exist worldwide, adding that the legal community has been demanding such reforms. He also noted that the Pakistan Tehreek-e-Insaf (PTI) party agrees. "We will not propose any constitutional amendments without broad consensus," Tarar stated.
Although the draft for these amendments has not yet been released, media reports suggest that one of the key changes would be to raise the retirement age of judges from 65 to 68 years. Additionally, the proposed legislation includes a plan to integrate the Judicial Commission and Parliamentary Committee, streamlining the process for judicial appointments.
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Opposition parties, including the Sunni Ittehad Council (PTI) and Jamiat Ulema-e-Islam (JUI), have strongly opposed the proposed constitutional package. PTI Chairman Barrister Gohar remarked that they had yet to receive the draft but warned that the amendments appear to be designed to extend the tenure of Supreme Court Chief Justice Qazi Faez Isa. PTI leader Imran Khan has also declared that his party will not stay silent if such amendments are passed.
Legal experts hold mixed views on the proposed changes. Some argue that merging the Judicial Commission and Parliamentary Committee will expedite judicial appointments, while others warn that it could pave the way for horse-trading, undermining the constitution's integrity.
Speaking to TNN, constitutional expert Nauman Mohib Kakakhel explained that any constitutional amendment is made under Article 239 of the Constitution, which requires a two-thirds majority in both the National Assembly and Senate, followed by the President's approval.
Commenting on the proposed amendments, Kakakhel noted that political motivations seem to be driving the push for these changes. "The government doesn't want opposition parties to gain relief from the courts," he said. "Meanwhile, the opposition fears that their cases could end up in military courts, or that they might lose specific parliamentary seats."
The government, however, faces a significant challenge in securing the required two-thirds majority for the amendment. On Sunday, the government held a meeting with Maulana Fazlur Rahman to seek his support, only for the opposition PTI to meet with the same leader a few hours later. Maulana Fazlur Rahman has yet to clarify his position, insisting he cannot decide without reviewing the proposed amendment draft.
At present, JUI has five members in the National Assembly and eight in the Senate, but Rahman remains non-committal. He insists that without seeing the full details of the amendment, he cannot endorse or oppose it.
Advocate Nauman Mohib Kakakhel also criticized the judiciary for being entangled in political affairs, saying, "The current judicial system is more focused on resolving political issues, while public cases have been pending for 25 to 30 years."
Discussing the significance of the proposed amendment, Kakakhel highlighted plans to establish a Federal Constitutional Court (FCC), which would be tasked with interpreting the Constitution— a role currently held by the Supreme Court. The FCC would also hear cases related to fundamental rights and petitions under Article 199. "Following the approval of these amendments, the Supreme Court will only hear civil and criminal cases under specific conditions."
The FCC, according to Kakakhel, would be a superior court with its own Chief Justice and retired judges, whose retirement age would be extended to 68. These judges would transition to the FCC after retiring from the Supreme Court at age 65.
The proposed amendment has sparked intense debate, with legal experts and opposition parties closely watching the government's next move.
