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Unfolding in Pakistan is an intense discussion concerning proposed constitutional amendments. The amendments seek, allegedly, to submit the judiciary to direct control by the political executive. The ensuing confrontation between government and opposition is fiery because the proposals that are described in the “Constitutional Package” proposed by Prime Minister Shehbaz Sharif’s government are yet to garner opposition support, and these proposals have become the butt of vehement criticism by the opposition parties.
What Are the Proposed Amendments?
The proposed government package would reportedly contain amendments in excess of 50, focusing significantly on the judiciary. The creation of a new Federal Constitutional Court is one such major proposal, to be set beside the Supreme Court. This new court’s functional responsibility will lie in hearing cases that interpret constitutional clauses.
Other key proposals involve raising the retirement age for judges in the Constitutional Court to 68, as opposed to the current 65. The amendments also suggest limiting a judge’s term in the Constitutional Court to a maximum of three years, while other judges do not have term limits.
Another significant suggestion is that the president, on the advice of the prime minister, would appoint the chief justice of the Constitutional Court. Currently, the Judicial Commission handles the appointment of Supreme Court judges.
In addition, the government plans to revise a 2022 Supreme Court ruling, which said that legislators cannot vote against their party line. The proposed changes would allow lawmakers to vote independently of their party’s instructions.
Challenges in Parliament
For the amendments to pass, the government needs a two-thirds majority in both houses of parliament. The National Assembly has 336 seats, while the Senate has 96. To secure approval, the government needs 224 votes in the National Assembly and 64 votes in the Senate.
However, the government currently has only 214 votes in the National Assembly. Even with the support of the Jamiat Ulema–e–Islam–Fazal (JUI-F) party, it would still fall short by two votes. In the Senate, the government has 57 votes but needs at least seven more to secure a majority.
Opposition’s Stance
The opposition, primarily led by Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, has strongly opposed the proposed amendments. PTI leaders argue that the changes would undermine the independence of the judiciary.
Sayed Zulfi Bukhari, a PTI leader, said the delay in presenting the amendments to parliament shows the government lacks the votes to push them through.
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What Do the Experts Say?
Experts warn that the proposed amendments could significantly shift the balance of power between Pakistan’s executive and judiciary. Analyst Ahmed Ijaz described constitutional amendments as a “serious task” that requires careful consideration, something he believes is lacking in this debate.
Benazir Shah, another analyst, raised concerns about the timing of the amendments, particularly with the upcoming retirement of the chief justice. Shah suggested that the amendments could allow the government to manipulate the judicial appointment process or block the next chief justice’s appointment.
Shah also pointed out that the proposed Constitutional Court would have authority over cases traditionally handled by the Supreme Court. These cases could include decisions on banning political parties or issues between federal and provincial governments.
Impact on the Military and Judiciary
Interestingly, while the amendments aim to reduce the power of the Supreme Court, they may strengthen the military’s influence.
The ongoing argument about changes to Pakistan’s constitution has sparked concerns over the judiciary’s future and how power is shared among the executive, courts and military. Rival parties claim the government is weakening the courts’ freedom making these changes a likely source of conflict in Pakistani politics for a long time to come.
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