Pakistan says building ‘wider consensus’ on constitutional amendments amid criticism from lawyers, opposition

ISLAMABAD: Pakistan’s information minister on Wednesday said the government was building a “wider consensus” on constitutional amendments seeking to reform the judiciary, as prominent lawyers and opposition parties in the country rejected the proposals which they say compromise the independence of the judiciary. 

The package of reforms, widely believed to include as many as 22 amendments to the constitution, is expected to increase the retirement age of superior judges by three years and change the process by which the Supreme Court chief justice is appointed.

The amendments have raised widespread concerns among opposition parties and legal experts who say the moves are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes. 

The ruling coalition comprising the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) is short of at least 13 lawmakers in the National Assembly and four in the Senate to complete the required two-thirds majority required for the amendments to pass. Both parties have since engaged various political players, including the leader of the Jamiat Ulama-e-Islam Fazl (JUI-F) Fazl-ur-Rehman, to garner his support for the amendments. 

“The process for a wider consensus on the constitutional amendments is continuing as all political parties have talked about it and tried to build a consensus,” Information Minister Attaullah Tarar told reporters at a news conference. 

One of the key proposals is to create a new federal Constitutional Court alongside the Supreme Court. Tarar defended the proposal, saying it would make life easy for thousands of litigants in the country. 

“The constitutional matters go to the constitutional court so that no obstruction should be created in way of justice for common litigants,” he said. 

Speaking to reporters earlier in the day, Rehman said his party had “completely rejected” the proposed draft of the amendments presented to the opposition. Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has also criticized the amendments, alleging that they are meant to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, who is widely believed to be aligned with the ruling coalition led by PM Shehbaz Sharif and in opposition to its chief rival, the PTI. 

Tarar said the government is engaged with the JUI chief to build a consensus on the document.

At a news conference in Islamabad, Federal Law Minister Azam Nazir Tarar said the bill will not be introduced in parliament till the cabinet approves it. 

“When it [bill] is introduced in the assembly, then it can be said the government has brought this bill and which amendments it would be able to get passed and which one it would withdraw,” the law minister said. 

PPP lawmaker Sehar Kamran told Arab News that after the government’s failure to build consensus on the matter, her party’s chairman Bilawal Bhutto-Zardari had decided to engage other political parties to do the same.

“Now Bilawal Bhutto-Zardari has taken up this job of engaging with all political forces to build consensus on at least two points, including the establishment of a constitutional court and increased parliamentary role in the appointment of the judges,” Kamran said. 

She said the move was neither time-bound nor person-specific, saying that it was instead aimed at facilitating the public in the speedy dispensation of justice.

'ASSAULT ON UNITY OF NATION'

Meanwhile, prominent Pakistani lawyers rejected the proposed amendments, threatening to take to the streets against it. 

“Lawyers are ready to play their role in stopping these amendments from being passed by the parliament as they are aimed at abolishing the independence of the judiciary,” Rabbiya Bajwa, former vice president of the Lahore High Court Bar Association (LHCBA) told Arab News.

She said the LHCBA was holding a convention on Thursday where lawyers from across the country would protest against the proposed constitutional amendment package.

Advocate Amanullah Kanrani, former president of the Supreme Court Bar Association (SCBA), said the government’s constitutional package was “an assault on the unity of the nation” which must be thwarted.

“The government wants to dilute powers of the Supreme Court by establishing a parallel constitutional court for temporary benefits, but this will haunt the nation for time to come,” Kanrani said.