Government Announces Constitutional Court Formation and Defection Clause Revisions in New Judicial Package

New Judicial Package

Amid increasing speculation and debate, the federal government of Pakistan is reportedly preparing to introduce a significant constitutional package. This package includes plans to establish a Constitutional Court and amend Article 63-A of the Constitution, commonly referred to as the defection clause.

The proposed constitutional package has stirred discussions, particularly in light of recent speculations regarding an extension of Chief Justice of Pakistan (CJP) Qazi Faez Isa’s tenure, as he is set to retire in October. Last month, the Pakistan Tehreek-e-Insaf (PTI) party requested an early notification for the appointment of the next Chief Justice, further fueling the controversy.

The government has been cautious about disclosing details of the proposed amendments but has assured that the changes will not be tailored to any specific individual. Instead, the package is intended to enhance judicial processes and structural reforms.

Among the proposed changes is an increase in the retirement age for superior judges by three years. Currently, Article 179 stipulates that Supreme Court judges retire at 65, while Article 195 sets the retirement age for High Court judges at 62.

Additionally, there are plans to revise the seniority principle used in appointing the Chief Justice. Presently, Article 175A mandates that the most senior judge of the Supreme Court is appointed as Chief Justice based on seniority.

Government spokesperson Barrister Aqeel Malik confirmed these changes during a recent appearance on program ‘Naya Pakistan.’

Prime Minister Shehbaz Sharif is scheduled to convene a meeting of the federal cabinet to approve the draft of these constitutional amendments. The Prime Minister has also engaged parliamentarians from the Pakistan Muslim League-Nawaz (PML-N) and other allied parties to secure their support for the proposed changes.

During a recent dinner hosted for parliamentarians, PM Sharif emphasized the importance of legislative efforts for national and public interests, urging lawmakers to be present for the upcoming parliamentary sessions.

In addition to forming the Constitutional Court, the government aims to amend Article 63-A, which deals with the defection of lawmakers. Deputy Prime Minister Ishaq Dar has echoed these intentions, citing alignment with the Charter of Democracy (COD) endorsed by all major political parties, including PTI.

Dar highlighted that the establishment of a Constitutional Court is a key provision under the COD, designed to expedite constitutional petitions and address the backlog of cases pending in the Supreme Court and High Courts.

Senator Dar further emphasized that the proposed bill reflects routine legislative practices rather than unprecedented changes. He reassured the opposition that the legislative process would be transparent and focused on resolving public issues.

However, opposition leaders, such as Senator Shibli Faraz, have voiced concerns about the amendments. Faraz reiterated the current provisions of Article 63-A, which addresses defection and party loyalty among lawmakers.

The discussion also touched upon the implications of the 18th Amendment and the need to limit violations of party lines.

Senator Farooq H. Naik expressed concerns about the Supreme Court’s role in interpreting rather than rewriting the Constitution, arguing that recent judicial decisions may have overstepped the principle of separation of powers.

Overall, the government’s proposed constitutional package aims to address various aspects of judicial and legislative processes, reflecting both the need for reform and the complexities of political negotiations.