Prime Minister Shehbaz Sharif-led government's proposed constitutional amendments have recently been revealed with several key points emerging including changes to judicial procedures and structural reforms.
However, a notable omission is the amendment to extend the tenure of the Chief Justice of Pakistan, a proposal that had been anticipated.
Sources privy to the matter said that the proposed amendments will encompass several critical areas. Among these, the establishment of a constitutional court is highlighted, alongside a fixed procedure for the removal of judges.
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The proposed constitutional amendments include several key points:
- Establishment of constitutional court: This court will handle cases related to constitutional matters. It is proposed that cases under Articles 184, 185, and 186 will be adjudicated in this court, with appeals from its decisions also heard there
- Removal procedure for judges: The amendments will detail a standardised process for the removal of judges, aiming to bring clarity and consistency to the procedure
- Restoration of 19th amendment's appointment process: The amendment concerning the appointment of judges, previously omitted in the 19th amendment, will be reinstated
- Transfer of high court judges: The draft also includes provisions for the transfer of High Court judges
- Amendment of Article 184: A proposal to amend Article 184(3) concerning suo motu notice is included
- Reorganisation of judicial appointments body: The draft suggests merging the Judicial Commission and the Parliamentary Committee to form a new committee
- Ad-hoc judges: An amendment to Article 181 will facilitate the appointment of ad-hoc judges
The proposed changes also reflect an effort to streamline the judicial system and enhance its efficiency. For instance, the creation of a constitutional court aims to centralise the handling of constitutional cases, potentially reducing delays and increasing clarity in the adjudication of such matters.
The federal cabinet and both houses of Parliament were scheduled to meet today to discuss and potentially approve the constitutional amendments. However, both the National Assembly and the Senate sessions have faced delays.
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The ruling coalition, comprising the Muslim League (N), PPP, and MQM, has instructed their members to remain in the capital to ensure quorum for the legislative sessions. PPP sources noted that MNA Nafisa Shah was advised to stay in Islamabad, despite her plans to celebrate her father’s birthday in her hometown.
It is noteworthy that the retirement age for Supreme Court judges is proposed to be set at 68 years. This change, along with other amendments, is expected to be formally presented to the National Assembly shortly.
Additionally, Speaker National Assembly Ayaz Sadiq recently established an 18-member special committee to address the Charter of Parliament. This committee, which includes 12 government and 6 opposition members, will work on proposals, including those related to the amendments discussed today.
