As uncertainty intensifies around the proposed ‘constitutional package,’ the federal government plans to establish a constitutional court and modify Article 63-A, also known as the defection clause.
Rumours of a potential extension for Chief Justice of Pakistan Qazi Faez Isa, who is set to retire in October, have surfaced in response to a request from the Pakistan Tehreek-e-Insaf (PTI) last month for an early decision on the next chief justice.
The government has stated that these reforms are not for personal gain but to enhance judicial procedures. The proposal includes extending the retirement age of superior court judges by three years, as Articles 179 and 195 of the Constitution currently mandate for Supreme Court and High Court judges, respectively.
Moreover, the government is considering revising the seniority principle to appoint the top judge. Barrister Aqeel Malik, the government’s spokesperson on legal affairs, confirmed this potential change on the ‘Naya Pakistan’ program on Geo News.
Prime Minister Shehbaz Sharif has called a federal cabinet meeting for tomorrow to approve the draft amendment. He has also secured support from legislators of the Pakistan Muslim League-Nawaz (PML-N) and allied parties, who have committed to backing the constitutional changes expected to be tabled in parliament tomorrow.
At a dinner honouring the parliamentarians, PM Shehbaz highlighted the crucial role of legislative actions in serving the national and public interest. He insisted that resolving national issues through legislative means is essential to maintaining the sanctity of parliament.
He also emphasised the importance of political and policy continuity for the nation’s stability and development, highlighting ongoing efforts to depoliticize constitutional institutions and figures.
Meanwhile, Deputy Prime Minister Ishaq Dar echoed the commitment to these reforms in the upper house of parliament, noting that the “Constitutional Bill” aligns with the Charter of Democracy, which all major political parties, including PTI, have endorsed. He detailed that the bill includes provisions for a constitutional court to expedite the hearing of constitutional petitions, addressing the backlog of cases in the Supreme Court and High Courts.
Senator Ishaq Dar assured the opposition that the legislation would contain no surprises, urging their support to address public issues and propel the country forward.
On the other hand, Senator Shibli Faraz, the Leader of the Opposition in the Senate, highlighted the specifics of Article 63-A, underscoring the importance of adhering to party lines during critical parliamentary votes, as strengthened by the 18th Amendment.
Senator Farooq H Naik criticized the Supreme Court’s overreach in the Punjab government case, arguing that it violated the separation of powers doctrine by rewriting rather than interpreting the law. This matter is currently under review.