Government and Opposition Reach Consensus on Constitutional Amendment Draft After Extended Deliberations. The federal cabinet is scheduled to meet later today (Saturday) to discuss the anticipated constitutional amendments, following the unanimous approval of their draft after a month of negotiations.
In a significant political development, both government and opposition members have agreed on the proposed 26th Constitutional Amendment. This consensus was reached during a meeting of the special committee, led by Syed Khursheed Shah from the Pakistan Peoples Party (PPP).
Key leaders from nearly all major political parties attended, with the exception of Awami National Party’s Aimal Wali Khan.
The draft outlines the establishment of a constitutional bench, a parliamentary role in the appointment of the Chief Justice of the Supreme Court from a shortlist of three judges, and the restructuring of both the Judicial Council and the Supreme Judicial Council. It also proposes a three-year tenure for the Chief Justice.
If the cabinet approves the draft, it will then be presented to the Senate for consideration during its session scheduled for 12:30 PM.
According to Shah, all parties, including the Pakistan Tehreek-e-Insaf (PTI), have agreed on the draft, though no formal signatures have been collected yet. However, PTI Chairman Barrister Gohar Ali Khan clarified that discussions on the fourth draft shared by the government are ongoing and that a final decision will be made after consulting their incarcerated founder, Imran Khan.
Responding to PTI’s concerns, PPP Chairman Bilawal Bhutto-Zardari warned that he may resort to a “controversial path” to ensure the passage of the amendments if the opposition continues to withhold support. He stated, “If the opposition still refuses to support us despite so many compromises, I will be compelled to pass the amendment with the backing of the Pakistan Muslim League-Nawaz and additional members.”
Jamiat Ulema-e-Islam-Fazl (JUI-F) leaders have expressed that their parliamentarians will not be coerced into supporting the amendment, with Maulana Abdul Ghafoor Haideri stating that they would oppose it even under duress.
To pass the constitutional amendments, the government requires a two-thirds majority in parliament. Sources suggest they currently lack 13 votes in the National Assembly and nine in the Senate.
Last month, a previous attempt to pass the constitutional package failed, as JUI-F’s chief withdrew support, leaving the amendments in limbo.
Shah mentioned that the government might need to rely on “conscience voting” to secure the necessary support while continuing to seek consensus.
In recent judicial developments, the Supreme Court’s decision on October 4 set aside its earlier opinion on Article 63(A), which deals with defection by lawmakers, allowing defecting votes to be counted.
Key Features of the Proposed Amendments
- Constitutional Benches: The draft proposes the establishment of constitutional benches in the Supreme Court, with a provision for equal representation from each province.
- Chief Justice Appointment: The Chief Justice will be appointed based on recommendations from a Special Parliamentary Committee, which will select names from among the three most senior judges.
- Term Limit: A three-year term limit for the Chief Justice is suggested, after which the position will be automatically retired.
- Judicial Commission Restructuring: The Judicial Commission, responsible for appointing Supreme Court judges, will undergo restructuring to include a more diverse membership.
- Performance Evaluations: The Commission will evaluate judges’ performances annually, with provisions for improvement before reporting to the Supreme Judicial Council.
The draft also includes changes to the Supreme Judicial Council’s composition and other constitutional provisions to enhance the accountability and functioning of the judiciary.
As discussions continue, the political landscape remains fluid, with stakeholders closely watching the outcomes of the cabinet meeting and subsequent legislative processes.
