Govt plans to set up constitutional court, Dar tells Senate

ISLAMABAD: Deputy Prime Minister Muhammad Ishaq Dar Saturday unveiled in the Senate the basic sketch of the much-awaited constitutional bill and said the government plans to establish a constitutional court and ‘undo’ a Supreme Court verdict barring lawmakers not to vote while crossing the floor.

It was being widely speculated that the ruling coalition government would table the package of constitutional amendments in the sitting, especially summoned on Saturday, but it did not and no reason was given for it. However, the Senate will meet on Sunday (today) afternoon as well, an unusual event.

Taking the floor after the Leader of Opposition Ishaq Dar said the government wanted to materialise the years’ old idea of a separate constitutional court, besides the Supreme Court, through the upcoming constitutional amendment bill, which would lessen the workload on the apex court where 60,000 cases, including 25 per cent constitutional petitions, are pending.

“Another proposal is that chief election commissioner and members of the Election Commission of Pakistan should continue in their positions till the appointment of their successors, besides fixing timelines in these appointments,” he explained. This is a clear indication that the incumbent CEC will continue even after the completion of his five-year tenure, which was to end in January 2025.

Dar said there was a provision in other constitutional posts that they will continue till the new arrival and added that even this may not be open ended. He recalled that a mechanism of appointment of CEC and members of the electoral watchdog was decided in the 18th Constitutional Amendment but the ECP remained dysfunctional for 17 months and this needs to be addressed.

Dar pointed out that Article 4 of the Constitution also demanded establishment of such a court, which was agreed upon in the Charter of Democracy signed between his party Pakistan Muslim League Nawaz (PMLN) and Pakistan Peoples Party (PPP) in London in 2006. Later, he recalled Pakistan Tehreek-e-Insaf founder Imran Khan and other parties had also signed the charter.

Dar said the government wanted to fix the problem which was pending for 18 years, “and why not if we can divide the workload. It is never too late”. He emphatically rejected the leader of the opposition’s assertion that the government was keeping things secret and was not willing to share them even with its coalition partners. He said the major proposals were being discussed in the special parliamentary committee recently formed after the Sept 9 arrests of PTI MNAs from the Parliament House and PTI was a part of it.

In a congenial move, he said the government was ready to withdraw a proposal of extending the retirement age of judges on the suggestion of Jamiat Ulema-e-Islam (JUI) supremo Maulana Fazlur Rehman, which was endorsed by other members of the special committees.

He explained, “In the meeting, I advised the law minister not to extend the age if there is a categorical feeling that this is being done to oblige someone.”

Dar continued the government wanted to bring some changes in Article 63-A of the Constitution to undo a decision of the Supreme Court, which said that any lawmaker would not only lose membership but also his vote would not be counted if he crossed the floor in violation of the party lines.

He termed the decision strange, pointing out that the punishment in Article 63-A was applicable only if a lawmaker crossed the floor. But how come a lawmaker could lose his membership if he had not voted against the party lines in specific conditions described in the Constitution.

Dar said he was not privy to the entire bill and was just giving the pulse. Then he invited the opposition to come and help the government in bringing judicial reforms in the country.

Opposition Leader Shibli Faraz said there was a talk of bringing some constitutional amendment in parliament, but so far the document had not been shown even to the coalition partners and MPs. He questioned the secrecy about the bill. “Hiding an amendment bill from the lawmakers is contrary to parliamentary norms while the government wants to get it passed in haste,” he charged.

He claimed the government lacked two-thirds majority to get it passed and was forcing the members to change their loyalties, using all possible ways. The opposition leader alleged that the government had made the proposed law a mystery and questioned the reason behind summoning the session on an official holiday.

Shibli chided the PPP, saying it called itself a champion of democracy, and it gave the country the 1973 Constitution, but it was now getting itself involved in an anti-democratic process.

Awami National Party parliamentary leader Aimal Wali Khan contended that for a long time, the judiciary openly went against the Constitution and supported a party and for that, the Constitution was rewritten. He noted that in Punjab, votes were not counted, yet action was taken against them (members). “Because of this, I am watching clearly that we, you or the government has to control the Supreme Court. It is very good. But the public interests should not be confined only to courts. The government of PMLN will also have to devolve powers to the provinces, as mentioned in the 18th Amendment,” he said.