The government has reportedly submitted its draft proposal for constitutional amendments to a special parliamentary committee. The plan includes selecting the successor to Chief Justice of Pakistan (CJP) Qazi Faez Isa from the three most senior judges of the Supreme Court, according to a report by The News.
The selection process for this significant position would involve an eight-member parliamentary committee. The coalition government is actively working to build consensus on its contentious “Constitutional Package,” with regular meetings held among political parties within the special parliamentary committee, chaired by Pakistan Peoples Party (PPP) MNA Syed Khursheed Shah.
To pass the proposed amendments, the government requires a two-thirds majority in parliament, currently facing a shortfall of 13 votes in the National Assembly and nine in the Senate.
In a recent meeting, the government and Jamiat Ulema-e-Islam (JUI-F) presented their respective drafts. The government’s proposal includes the establishment of a Federal Constitutional Court (FCC), while the JUI-F suggested creating a constitutional bench within the Supreme Court for constitutional matters.
According to the government draft, the FCC will comprise seven members, including the chief justice. The first chief justice will be appointed by the president upon the prime minister’s advice, with additional appointments based on recommendations from a committee that includes four parliamentary members, the federal law minister, and a representative from the Pakistan Bar Council.
A commission for appointing FCC judges is also proposed, headed by the FCC chief justice and including the five most senior judges. Additionally, there will be provincial constitutional courts established.
The amendment outlines that the prime minister will consult with the president on appointing a qualified judge. The remaining FCC members will be appointed by the president in consultation with the chief justice, and names will be provided to the prime minister via the parliamentary committee.
Judges will need to meet specific criteria, including a minimum age of 40, three years of court experience, and ten years of legal experience. The FCC will have the authority to dismiss judges, with the president giving final approval for any such dismissal.
Decisions made by the FCC cannot be challenged in any court, while decisions from provincial constitutional courts may be appealed to the FCC.
In contrast, the JUI-F draft suggests forming special Supreme Court benches to handle constitutional cases, comprising the CJP and four senior judges. This proposal also aims to uphold the 18th Amendment regarding judicial appointments, granting the constitutional bench the authority to hear appeals against high court decisions.
Previously, the government attempted to introduce this amendment bill last month, but faced significant opposition from allies and opposition members, prompting a renewed consultation process.
