PMLN, PPP’s puppet government wants to amend The Constitution of Pakistan shortly, but the contents of these amendments have not been disclosed to the public or to the members of the National Assembly and Senate.
Moreover, they want to amend Constitution at a moment where Senate…
— PTI (@PTIofficial) September 15, 2024
The federal government is reportedly planning to introduce a constitutional amendment package that includes forming a constitutional court and amending Article 63-A, known as the defection clause. Prime Minister Shehbaz Sharif addressed a banquet he hosted for parliamentarians in Islamabad, where he stressed the importance of legislative efforts in the national interest. The government has not revealed the full details of the package but clarified that it is not person-specific and aims to bring broad changes to the judicial procedure.
The so-called "Judicial Package" of constitutional amendments is nothing but a blatant attempt to bring the Supreme Court under the control of Pakistan's military-backed regime. PTI MNAs and their families are being abducted to coerce them into supporting this unconstitutional… pic.twitter.com/s07BQ1uufT
— PTI (@PTIofficial) September 14, 2024
Some proposed changes include increasing the retirement age of superior judges by three years and revising the seniority principle in appointing the top judge. Deputy Prime Minister Ishaq Dar confirmed that the “Constitutional Bill” aligns with the Charter of Democracy, endorsed by all major political parties, including the PTI. He pointed out that a constitutional court would offer a specialized forum for constitutional matters, contrasting with the current backlog of cases in the Supreme Court.
A top Govt functionary insisted that constitutional package have nothing to do with the extension of CJP. When I asked what about the extension in retirement age of judges? The govt official said we are ready to make changes if stake holders don’t agree. https://t.co/BDDMZEFRoo
— Hamid Mir حامد میر (@HamidMirPAK) September 15, 2024
The government also seeks to add a fourth item to Article 63-A through the constitutional amendment, limiting actions against party lines that could lead to disqualification. Senator Farooq H. Naik stated that disqualification applies to members who vote against their party’s directives and criticized the Supreme Court for “rewriting” the Constitution in its recent decisions.
Federal constitutional court and amendments
PM Shehbaz has called a federal cabinet meeting to approve the draft constitutional amendment and has briefed members of the PML-N and allied parties, who have assured him of their support. The proposed changes aim to restore the balance of power between the parliament and the judiciary, reinforcing the doctrine of separation of powers.
However, speculation suggests that the government may be short of the required two-thirds majority in both Houses, even with its allies. Additionally, a Supreme Court judgment on Article 63-A ensures that votes from opposition legislators induced to vote against their party lines will not count. The Supreme Court has also issued a clarification in the reserved seats case, directing the Election Commission of Pakistan to immediately notify all remaining PTI lawmakers as members of its parliamentary party.
This decision gives finality to the status of 41 lawmakers that the government had been describing as ‘independents’. Critics argue that the government’s attempt to change the Constitution in a furtive manner is undemocratic, with few knowing the contents of the legislative package. The ECP has also been slammed by the Supreme Court for attempting to delay the implementation of the July reserved seats verdict.
As the political crisis deepens, there are concerns that the actions of institutions propping up the current regime are gradually eroding the state’s legitimacy.
