Parliament cannot amend more than half of Constitution, says Justice Ijaz

ISLAMABAD: Justice Ijaz Ahmed Chaudhry on Tuesday remarked that parliament has changed more than half of the Constitution in the 18th Amendment, arguing that the legislature had no authority to do it as it was a law making legislature and not a constituent assembly.
A 17-judge full bench of the apex court, headed by Chief Justice Nasirul Mulk, was hearing the petitions against the 18th and 21st constitutional amendments.
During the hearing, a petitioner, A K Dogar said that the whole system has been given by the British, but in the UK a judge doesn’t have a chauffer or a peon.
By abolishing the Article (2)17 of the Constitution in 18th Amendment, political parties have been given an unlimited power. Similarly, a person can become the prime minister of the country for many times. He said that in the democratic system, authority changes hands and no one can be the ruler continuously.
AK Dogar said that the method of appointing a superior court judge was not right.
On this, the chief justice inquired that if the petitioner had the objection on the method or the rules of the Judicial Commission. AK Dogar replied that he had objections to both.
To this, Justice Jalal Usmani asked that what should be the system of appointing a judge. AK Dogar said that every lawyer with 10-year practice in a high court has the right to become a judge of the superior judiciary.
Justice Jawwad S Khawaja remarked: “You also say that judges’ vacancies should be filled through ads in newspapers.”