The turbulent story of govt’s aspirational constitutional amendments

Amid the undetermined delay of the incumbent federal government’s proposed twenty-sixth constitutional amendment package, the past days have been tumultuous for both the Upper and Lower House of parliament.

To every government effort to pass the constitutional amendments package, the opposition put up resistance, ultimately pushing the coalition government to back foot. Chief Jamiat Ulema Islam- Fazl (JUI-F) Maulana Fazlur Rehman remains the decision-maker, despite having only five Senate votes.

The story started when Pakistan Muslim League Nawaz (PML-N) bigwigs, Interior Minister Mohsin Naqvi and Federal Law Minister Azam Nazeer Tarar were tasked to convince Fazlur Rehman to vote for the controversial constitutional amendments, prominent journalist Ansar Abbasi told Geo News.

Government sources revealed that the government called National Assembly (NA) and Senate meetings without any deal with JUIF Chief Rehman, which ultimately failed.

A PML-N source has disclosed that it has become difficult for the government to convince Rehman over the proposed amendments, but the government will make every effort to bring him on board.

The leader of PML-N unveiled a government plan to pass the controversial amendments in the upcoming fifteen days.

He further said that the current federal government led by Prime Minister (PM) Shehbaz Sharif couldn’t afford to delay the amendments, adding the probability of awarding two Senate seats to JUI-F over its consent to the constitutional package.

Fazlur Rehman had remarked that government has not shared the constitutional package draft with any party including his, “It is a sensitive issue which should be discussed calmly,” he said.

Leader of the Opposition in the National Assembly (NA) Omer Ayub Khan had stated, “They (the government) have no draft with them, and they did not know what to discuss.”

Pakistan People’s Party (PPP) leader Raja Pervaiz Ashraf declared the constitutional package “a serious piece of legislation” and advised the government not to act hastily.

The chief of the Balochistan National Party-Mengal (BNP-M), Akhtar Mengal, had disclosed that two party senators were being pressurised to vote in favour of a “constitutional package”, a set of proposed amendments tabled by the government.

Meanwhile, incarcerated former Prime Minister (PM) Imran Khan has said that new constitutional amendments will jeopardise the country’s future.

Talking to journalists in Adiala Jail Rawalpindi, the founder of Pakistan Tehreek-e-Insaf (PTI) said that the formation of a new Federal Constitutional Court is being considered as the incumbent government fears the Supreme Court (SC).

He stated, “The purpose of constitutional amendments is to keep me in jail; rulers have decided to destroy the judiciary.”

He further stated, “Sitting members in government don’t want to perceive the judiciary as independent.”

Responding to controversial proposed constitutional amendments, he alleged that the money and properties of those proposing the amendments are outside the country.

Criticising the Chief Justice of Pakistan (CJP) Qazi Faez Isa, he said, “The incumbent government wanted to destroy judiciary by reinstating CJP Isa.”

On Monday, Pakistan Muslim League-Nawaz (PML-N) Senator Irfan Siddiqui has confirmed that the government’s late-night hustling and manoeuvring to get JUI-F president Fazal ur Rehman onboard to pass the constitutional amendments have failed, and the amendments have been postponed indefinitely.

However, The proposed constitutional package formulated by the federal government contained fifty-four suggestions, has been revealed.

According to the constitutional amendments draft, article 63 (A) of the constitution states that a member vote against the direction of the parliamentary party will be counted, Geo News reported.

Article 17 suggests establishing a Federal Constitutional Court (FCC), and Article 175 proposes changing the judge’s appointment method.

The draft proposals suggests that an eight-member National Assembly Committee will send the names of top senior judges to the Prime Minister (PM) for the position of Chief Justice (CJ) of the Federal Constitutional Court. The committee will then choose one CJ out of three recommended names, ruling out the scenario of the most senior judge as CJ.

However, the first CJ of the FC Court will be appointed by the President on the advice of the Prime Minister. Meanwhile, the President will appoint the first Constitutional Court judges after consulting with the Chief Justice.

The retirement age of CJ FC Court will be sixty-eight years, and a Supreme Court judge will be appointed for a three-year term in FCC as a judge.

The draft also read that the Suo Motu authority will be withdrawn from the High Court.