Opposition parties and some experts allege that the proposed Pakistan’s controversial constitutional amendments could undermine the independence of the judiciary
Pakistan’s Controversial Constitutional Amendments: A New Political Flashpoint
Government Proposes Judicial Restructuring
Pakistan’s government, led by Prime Minister Shehbaz Sharif, has introduced a set of Pakistan’s Disputed Constitutional Reforms. These amendments primarily focus on restructuring the judiciary. A key proposal includes the establishment of a new Federal Constitutional Court. This court would exclusively handle matters related to constitutional interpretation, separating it from the broader responsibilities of the Supreme Court. Pakistan’s controversial constitutional amendments also suggest increasing the retirement age for judges in this court to 68, compared to 65 for other judges. Moreover, judges in the Constitutional Court would serve a fixed term of three years, unlike their counterparts in other courts who serve until retirement.
The chief justice of this new court would be appointed by the president, based on the recommendations of the prime minister. Currently, a Judicial Commission manages Supreme Court appointments and nominates candidates for confirmation by a parliamentary committee. The opposition argues that this new process centralizes power within the executive, reducing judicial independence.
Pakistan’s Controversial Constitutional Amendments: Opposition Rejects the Reforms as Unconstitutional
The opposition, led by former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, has strongly opposed Pakistan’s Controversial Constitutional amendments. They have criticized the government for failing to share a draft of the proposed changes with either opposition leaders or the public. The PTI has accused the reforms of being “unconstitutional” and aims to undermine the autonomy of the judiciary.
One of the most controversial elements is the government’s plan to overturn a Supreme Court ruling from May 2022. This ruling prevents legislators from voting against their party’s line. The proposed Pakistan’s Disputed Constitutional Reforms would allow lawmakers to defy their party during parliamentary votes. Opposition leaders argue that this could undermine political stability and allow the executive to manipulate legislative outcomes. PTI leaders also fear that the government intends to use the new Constitutional Court to push through decisions favouring its political agenda, including rulings that could weaken the PTI.
Challenges in Securing Parliamentary Support
For the constitutional amendments to pass, the government needs a two-thirds majority in both houses of parliament. In the National Assembly, this requires at least 224 votes, while in the Senate, 64 votes are needed. Despite efforts, the ruling coalition has so far fallen short of these numbers. In the National Assembly, the government has secured 214 votes and could gain eight more from the Jamiat Ulema-e-Islam–Fazal (JUI-F) party, but it would still be two votes shy of the required majority. Similarly, in the Senate, the government is seven votes short, even with JUI-F support.
Despite these setbacks, the government remains confident that it will eventually secure enough votes. Legislator Irfan Siddiqui has suggested that it is only a matter of time before the necessary support is managed. However, opposition leaders argue that the delay in presenting the amendments indicates the government’s lack of sufficient backing. PTI’s Sayed Zulfi Bukhari has accused the government of rushing to pass the reforms before the retirement of Chief Justice Qazi Faez Isa. The opposition believes the government wants Isa to head the new Constitutional Court, allowing it to influence key rulings, including those affecting the PTI and Imran Khan.
Pakistan’s Controversial Constitutional Amendments: Broader Political and Legal Implications
The PTI views Pakistan’s Controversial Constitutional amendments as a direct attack on judicial independence and a strategic move to undermine the party’s political future. Imran Khan, the PTI’s leader, remains in detention on various charges, including inciting riots. PTI leaders argue that the government is trying to use the amendments to control the judiciary, enabling it to ban the PTI and send Khan’s case to military court. Recent suggestions that a military court could try Khan have amplified these concerns, further fueling tensions between the government and the opposition.
In summary, Pakistan’s controversial constitutional amendments have deepened the divide between the government and the opposition. The proposed changes not only raise concerns about the independence of the judiciary but also have far-reaching political implications for the country’s democratic system and governance.
