Govt likely to introduce constitutional amendment today as judicial reforms on cards

ISLAMABAD: After "securing" the ‘magic number’, Defence Minister Khawaja Asif on Friday confirmed that the government will introduce a constitutional amendment in the National Assembly tomorrow (Saturday) amid reports of a judiciary-centric legislation aim to extend the retirement age of superior courts’ judges.

“We have completed the number game in lower house […] A constitutional amendment will be tabled in tomorrow’s session”, he said in an information conversation with journalists in the parliament’s corridor.

The defence minister’s made these remarks amid reports suggesting that the government is mulling introducing a number of judicial reforms through a ‘constitutional package’, which also includes an extension in the retirement age of top courts’ judges.

Article 179 of the Constitution envisages that a judge of the Supreme Court shall hold office until he attains the age of 65 years unless he sooner resigns or is removed from office under the Constitution. Article 195 of the Constitution says that a judge of a high court shall hold office until he attains the age of 62 years unless he sooner resigns or is removed from office following the Constitution.

The government intends to increase the retirement age of Supreme Court judges to 68. In the case of high court judges, the retirement age will be increased to 65.

Despite being tight-lipped on the proposed amendments to the Constitution, the incumbent leadership left no stone unturned to secure the numbers required to ensure its passage from parliament.

The News, citing sources, reported that the government has managed a two-third majority in the lower-house. “We are short of only three votes in the Senate,” the source said.

“We are expecting to get the magic number any time and as soon as it is achieved, the constitutional amendment will be introduced and passed by parliament,” it added.

However, a day earlier, Jamiat Ulema-e-Islam-Fazl (JUI-F) stopped its Senate members from any kind of voting on the proposed constitutional amendment.

In a letter to the members, JUIF parliamentary leader Kamran Murtaza said that nothing is clear regarding the constitutional amendment. Therefore, no voting should be done until the written decision of the party leadership is there.

Before the 2024 general elections, Fazl was one of the closest allies of the PML-N and the PPP and headed the multi-party opposition alliance — Pakistan Democratic Movement (PDM) — which successfully ousted the former premier Imran Khan from office via a no-confidence motion in 2022.

Earlier, speculations about Chief Justice of Pakistan (CJP) Qazi Faez Isa's extension gained attraction after the Pakistan Tehreek-e-Insaf (PTI) sought an early issuance of notification regarding the next top judge last month.

'Won't accept individual specific legislation'

On September 10, CJP Isa termed his recent "off the record" conversation with journalists misinterpreted and clarified that he would not accept any "individual specific" proposal on fixing the tenure of the country's top judge.

In a statement, CJP’s Secretary Muhammad Mushtaq Ahmad stated that the top judge was surrounded by journalists who spoke to him and asked him questions following the commencement of the proceedings of the event to mark the judicial year on Monday.

The secretary confirmed that Law Minister Azam Nazeer Tarar had met Justice Isa in his chamber several months ago and had stated that the federal government was considering making the "position of the Chief Justice of Pakistan a fixed tenure post for three years".

The chief justice informed the journalists that he told the law minister, that "if the proposal was individual specific, and if enacted, it would not be something he would accept".

Mention was also made by the law minister of the parliamentary committee's role which he said had been diminished, therefore, it was being considered to incorporate it, and the Judicial Commission, into one body, it added.

To which, CJP Isa replied that it was parliament's prerogative, however, he added that he hoped that those in opposition to the government would not be excluded.

"The law minister has since not met the chief justice privately nor has had any discussion with him regarding any such matter," it further clarified.

The communique also mentioned a follow-up question attributed to Adviser to Prime Minister on Political and Public Affairs Rana Sanaullah regarding the extension in the judges' tenure.

In response to the query, the CJP replied: "He had not met the said gentleman [Rana Sanaullah] and does not know what he had said, therefore, if there are any questions they should be addressed to him directly".