Govt abandons constitutional court idea

ISLAMABAD: The government has significantly revised its initial constitutional reform package, abandoning the proposal for a Federal Constitutional Court and, instead, instituting a “constitutional division/bench” within the Supreme Court of Pakistan.

The new plan recommends appointing the chief justice of Pakistan from among the top three senior judges of the Supreme Court, alongside reconstituting both the Supreme Judicial Commission and the relevant Parliamentary Committee. Additionally, the package introduces a provision for performance evaluations of superior court judges by the Supreme Judicial Commission.

Informed sources say that the draft constitutional package, shared on Thursday by the government with the special parliamentary committee that is deliberating on the constitutional amendment packages put forward by different political parties, offers a recipe which if approved by parliament will pave the way for the retirement of incumbent Chief Justice Qazi Faez Isa on October 25.

The government’s constitutional package, revised following recent consultations with the PPP and JUI-F, however, does not guarantee the appointment of Justice Mansoor Ali Shah as the next chief justice of Pakistan.

The constitutional package authorises the parliamentary committee on judges appointment to recommend to the prime minister for appointment as the chief justice of Pakistan choice from among the three senior-most judges of the Supreme Court. Sources say that, although the JUI-F agrees to this change of procedure for the appointment of CJP, the party insists that it should be implemented in the future -- that is: after the appointment of Justice Mansoor Ali Shah as CJP on the existing principle of seniority.

The government’s constitutional package has dropped the idea of setting up a Federal Constitutional Court and has instead recommended the setting up of a Constitutional Division (Bench) within the Supreme Court. The division/bench will be constituted by the reconstituted Supreme Judicial Commission and not by either the government or the CJP.

The government suggests the reconstitution of the Supreme Judicial Commission and recommends that it should include six judges and seven non-judge members including the law minister, attorney general, a retired Supreme Court judge, representatives of the legal fraternity and parliament.

The government’s constitutional package also proposes the reconstitution of the Parliamentary Committee on the basis of the proposed representation of political parties in parliament.

For the appointment of judges, the procedure that was part of the 18th Amendment but was later reversed in the 19th Amendment following the Supreme Court’s intervention will be reintroduced.

The draft constitutional package also suggests giving constitutional cover to the existing legal procedure for the appointment (including extension) of the services chiefs. Another amendment suggested by the government aims to allow elected members of parliament to have dual nationality till 90 days of their election as members of parliament. After 90 days, either that MP would have to resign from his/her seat or rescind his/her foreign citizenship.

Some media reports suggest that the new plan proposes withdrawing the suo motu powers of the Supreme Court.