ISLAMABAD: Two Pakistan Tehreek-e-Insaf (PTI) lawmakers have moved a private members’ constitutional amendment bill in the National Assembly, seeking increase of three years in the retirement age of the Supreme Court judges.
Sponsored by Syed Fakhar Iman, elected from Khanewal, and Amjad Ali Khan, elected from Mianwali, the bill said in the Article 179 of the Constitution, for the expression “sixty-five” the expression “sixty-eight” shall be substituted. It was tabled along with several other bills on Tuesday. The Article 179 says a judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.
According to the statement of objectives and reasons of the bill, keeping in view the best practices it seeks to enhance the retirement age of judges of Supreme Court from 65 to 68 years. It said in few Commonwealth jurisdictions, the retirement ages of the superior judiciary are more than Pakistan. Reportedly, SC judges of Canada and Fiji retire at 75 years, and the judges of the superior courts of Australia, Kenya, Maldives, News Zealand, South Africa, Uganda and United Kingdom retire at the age of 70 years. In the US there is no retirement age for judges of the Supreme Court.
According to the statement, it is an established fact that a judge begins to acquire more and more skill and expertise once he decides the maximum number of cases. The years on the bench mature a judge and retiring at the age of 65 years amounts to retiring a highly qualified person at the peak of his profession. Existing law provides for the retirement of the most experienced, productive and reliable Judges of the superior courts. The knowledge and wisdom that a judge acquires on the bench is a national resource and it would be highly beneficial to get benefit out of it as long as possible, it said.
Meanwhile, another PTI MP, elected from Karachi, Faheem Khan, has also moved a private member’s constitutional amendment bill, calling for an insertion in Article 31: The State shall also take steps to enable the Muslims for offering of “Farz” payers,Salah, in public and private offices during the working hours. Its statement of objectives and reasons said after insertion of Article 2A in the Constitution, the Holy Quran and Sunnah have become the supreme law of Pakistan and the State is assured to enforce the existing laws and constitutional provisions with such adaptations as are necessary in the light of the Holy Quran and Sunnah. In view of Article 2A of the Constitution, every organ of the state is duty bound to act and implement the Islamic principles as enshrined in the Holy-Qur'an and Sunnah, it said. Article 31 says steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.
Like other amendments in the Constitution, two-third majority will be required in both the Senate and the National Assembly to pass these bills. However, a bill intended to alter the boundaries of a province has to get the support of a two-third majority from the concerned provincial assembly.