Supreme Court forms bench to hear petition on constitutional amendments

ISLAMABAD: The Supreme Court of Pakistan constituted a three-judge bench to hear the petition challenging the proposed constitutional amendments, here on Saturday.

The bench will be headed by Chief Justice of the Supreme Court Qazi Faez Isa and will meet on October 17.

The bench includes Chief Justice along with Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.

The petition was filed by Abid Zuberi, who is fighting against the proposed amendments to the country’s constitution.

The Pakistan Muslim League-Nawaz (PML-N)-led federal government and the Pakistan People’s Party (PPP) aim to pass a bill in parliament to amend the judiciary. The proposed amendments were strongly opposed by the opposition led by the Pakistan Tehreek-e-Insaaf (PTI).

Meanwhile, JUI-F chief Maulana Fazlur Rehman found himself at the centre of the controversy as each side aimed to convince him of their position.

The federal government and the People’s Party needed the votes of the JUI-F members to form an absolute majority, as no bill could be passed in Parliament without the requisite number.

Negotiations with Maulana Fazal are still ongoing.

The purpose of the proposed amendments is to establish a Federal Constitutional Court, which will assume the role of the Supreme Court in constitutional matters, to be appointed by the Prime Minister.

The purpose of the proposed amendment is to change the tenure of the Chief Justice to a fixed term of three years.

At the grassroots level, the proposed amendments aim to include the establishment of provincial constitutional courts that would mirror the federal structure. However, it will have a separate Chief Justice for each provincial court.

Meanwhile, a constitutional commission will oversee the appointment of judges, including key positions: chief justice, senior judges, federal law minister and representatives of the Pakistan Bar Council.

It also proposed a major change in Article 63-A, which would allow the votes of legislators to be counted. In particular, many cited this point as the main purpose of the article to undermine party loyalty and prevent political horse-trading.

Above all, the proposed changes to Article 48 would exempt the Prime Minister from legal challenges related to advice given to the President. Similarly, the amendment to Article 239 will prevent the courts from questioning any constitutional amendments passed by Parliament.

Many have raised concerns about the proposed amendments, saying they would lead to a concentration of power in the executive, as the Federal Constitutional Court would appoint its chief justice as the prime minister, thereby undermining judicial independence. There will be damage.

It also raised concerns about how the Supreme Court’s decision to allow false vote counting would raise suspicions of political manipulation and alter the established balance of power in Parliament.

Chief among critics is the weakening of executive checks and balances, as the proposed changes would limit judicial oversight. Many also fear a parallel court system under government control.