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Following multiple delays and after much controversy, the 26th Constitutional Amendment Bill was tabled in the Senate on Sunday by Law Minister Azam Nazeer Tarar, shortly after it was approved by the federal cabinet.
The bill, better known as the Constitutional Package, is legislation proposing a set of constitutional amendments, including the extension of the chief justice’s term. A special parliamentary committee formed last month — which has the representation of all parties, including the PTI — had been discussing various proposals.
The bill, which was approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, was presented in the Senate today by Law Minister Tarar.
According to a statement from the Prime Minister’s Office (PMO) released in the afternoon today, the cabinet decided to approve the bill “in the wider interest of the country while adhering to the oath of national development and public welfare.”
“I … wish to introduce a bill further to amend the Constitution of the Islamic Republic of Pakistan, the Constitution 26th Amendment Bill, 2024,” the law minister said at the Senate as he presented the bill.
“Is it opposed?” asked Senate Chairman Yousaf Raza Gilani, to which he received no response from the Senate members.
Speaking about speculations regarding the extension of the chief justice’s tenure in the Constitutional Package, Tarar clarified that Chief Justice Qazi Faez Isa was not interested in any extension.
“During the three meetings that I had with the top judge, he reiterated his disinterest in the extension of his tenure, saying that any amendments would come into effect after his retirement,” Tarar said.
Before the Senate session, the law minister also addressed a press conference at Parliament House, flanked by Information Minister Attaullah Tarar. During the presser, he outlined the contents of the bill and said that a constitutional bench would be formed by a judicial commission led by the Chief Justice of Pakistan (CJP).
“Before the 18th Amendment, judges were appointed by the President on the advice of the PM,” Tarar said.
“This ‘new-face’ commission will be made up of the CJP, four of the senior-most Supreme Court judges, two senators and two MNAs — one of each will be from the opposition,” the law minister said. “We are aiming to achieve a broader consensus with this commission,” he added.
The minister said that he and the attorney general will also be a part of the commission.
“Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”
In terms of the provincial judiciary, Tarar also said a performance evaluation system was being introduced to assess the performance of judges.
“People complain that their cases are pending for up to 10 years,” he said. “This judicial commission needs to enforce a nationwide standard, so the performance of high court judges will be evaluated.”
Tarar continued: “We need to appreciate the judges who perform well, but in the past, we have received complaints that after confirmation, their work is inadequate. We need to ensure that taxpayers’ money is being well spent, and when the judiciary is receiving such perks, we expect results.
“Cases where there is inefficiency will be referred to the Supreme Judicial Council,” he added.
PTI says ‘no objection’ to draft but decides not to vote
Meanwhile, the PTI, according to a statement released by its media cell, said that the party’s political committee has decided to boycott the voting process in both houses of the parliament, in case the government tabled the constitutional amendments today.
PTI chairman Barrister Gohar Ali Khan, flanked by the JUI-F Chief Maulana Fazlur Rehman as the two held a press conference outside the latter’s residence, said that the party had “no objections” to the final draft, but will not vote on the bill when it is presented in parliament.
“Our leader Imran Khan will always have the final say on party decisions, so we act on his instructions and recommendations,” the PTI chairman said.
“He instructed us to have more consultations before voting since this legislation is so serious.
“Given that we have no time for further consultations, as well as all the delays, how the bill was processed and how our MNAs and senators were harassed and intimidated, the PTI cannot vote for this bill,” Gohar declared.
Expressing gratitude to the JUI-F chief for his role in the process, Gohar said that the party will attend parliament today and has “no objections” if Fazl votes on the bill. He also demanded “the return” of PTI lawmakers who have been allegedly abducted.
“We will deliver a speech on the assembly floor, but we will not vote on the 26th amendment.”
The PTI has the right to not vote: Fazl
Addressing the press conference, Fazl said that he had no objections to the PTI’s decision to not vote on the bill, saying that “it is their right”.
“We have reached a consensus with the PTI, but given their condition and what they have been through, it is their right to boycott the vote,” Fazl said, referring to the allegations of intimidation and the conditions in which Imran Khan has been incarcerated.
“We have made efforts, but if a party has a strong position, we will accept that,” he added.
Will move forward with or without PTI: Bilawal
PPP Chairman Bilawal Bhutto-Zardari said that the government will move forward with the amendment whether the PTI voted in favour of it or not.
“We have waited for as long as we could, and today, under any circumstance, this work will be completed,” Bilawal said while speaking to reports at the Senate.
Bilawal said that he had hoped the bill was passed with the joint consensus of JUI-F, and, “god willing, that will happen today”.
He said that he was disappointed with the PTI’s stance, adding that he was hopeful that the party would still agree to be a part of the constitutional amendment.
JUI-P senator laments ‘lack of trust’ in system
Delivering a fiery address in the Senate, JUI-P Senator Attaul Rehman said that the nation “does not have trust in the system” and that parliament needs it to function.
“People are getting pressured, abducted, and nobody is saying anything,” he lamented.
“We need to be united for the country to make sure this amendment goes through. If the role of the three branches (executive, judiciary and legislature) is hampered, then democracy cannot work.”
He added that the public does not want amendments that do not benefit them, “let alone those processed with abductions, secrecy and pressure”.
More to follow
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