Constitutional package: Parliament to convene today after 'marathon night' at Fazl's house

Following the government's failure to secure necessary support for its prospective constitutional amendments, Jamiat Ulema-e-Islam-Fazl (JUI-F) Chief Maulana Fazlur Rehman has remained the pivotal figure with various political leaders meeting him ahead of the parliament session (both houses) set to convene at 12:30pm today.

A day earlier, the ruling coalition didn't achieve any success is convincing Fazl to support their proposal for extending judges' tenure or increasing their retirement age.

The session of the National Assembly (NA), initially slated for 11am, finally started late at night after multiple delays in the wake of consultations between the government and the Opposition.

Meanwhile, the federal cabinet meeting — summoned for the approval of the draft amendment was also put off yesterday and is set to convene today.

After taking centre stage on Sunday as both the government and the Opposition sought his support, Fazl continued to remain the centre of attention in the political arena throughout the night with various leaders visiting his residence.

The JUI-F chief was visited by former prime minister and Convener of the recently established Awaam Pakistan party Shahid Khaqan Abbasi and was accompanied by party's secretary Miftah Ismail.

Furthermore, Balochistan Chief Minister Sarfraz Bugti, Senator and former caretaker PM Anwaar-ul-Haq Kakar also called on Fazl at his residence.

The visits come as a key aspect of the constitutional amendment is that unlike any other legislation, the government will need to secure a two-thirds majority in the parliament to successfully execute it.

In the NA, the ruling coalition needs 224 votes to pass the constitutional amendment, whereas in the Senate the number stands at 64.

Currently, treasury benches have 211 members against the opposition's 101 MNAs meaning that the government needs 13 more votes to pass the said constitutional amendment.

Therefore the support of the JUI-F and its eight MNAs have become ever so more important for both the treasury and the opposition benches.

Meanwhile, the total strength of the ruling benches stands at 54 and the government is short of nine votes in the Senate to pass the constitutional amendment, whereas the opposition has 39 senators in the upper house.

The prospects of the said constitutional package come amid speculations revolving around an extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa — who is set to retire in October this year — after the Pakistan Tehreek-e-Insaf (PTI) sought an early issuance of notification regarding the next top judge last month.

'Fazl agrees on many things'

Speaking on the political ambiguity, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto said that at least some bare minimum consensus is needed to be achieved for making changes in the Constitution in a democracy.

"Fazlur Rehman agrees on many things [regarding constitutional amendments]. He wants [mass] consensus on it as it was achieved on the 18th amendment," remarked Bilawal.

"We are striving to at least form a majority consensus [....] If we have to wait one more day, it is not a big deal," the PPP head added.

Meanwhile, speaking to Geo News Federal Law Minister Azam Nazeer Tarar said that Bilawal and Fazl "were developing a consensus on some things" and that the next course of action will be decided upon after a consensus has been reached.

"The [required] numbers will definitely be fulfilled," said Tarar.

Nothing decided

Meanwhile, senior PPP leader Khursheed Shah has said that nothing has been decided so far.

"The [amendment] draft has not yet been tabled before the cabinet. [We] cannot provide the draft until cabinet's approval," the politician said.

Meanwhile, Senior JUI-F leader Maulana Abdul Ghafoor Haideri has remarked that at least one month is required to read the amendment draft.

When asked that the CJP would have retired by then, Haideri said: "Let it happen, what does it matter, judges keep coming and going."

PTI chairman Barrister Gohar, while lamenting the party's unmet demand of being provided with the draft, said that the party has not agreed to anything.

Proposed amendments

The government had been tight-lipped on the proposed amendments to the Constitution, but clarified that the package will not be a person-specific and would give the authorities ingress in the judicial procedure.

Its key points likely include the setting up of a constitutional court, a merger of the judicial and parliamentary commissions responsible for the selection of judges, as well as amendment to Article 63-A of the constitution of Pakistan, which deals with the issue of disqualification of members of parliament on grounds of defection.

Geo News obtained the details of a "closely-guarded" constitutional amendment bill, which sources claimed contained more than 20 clauses aiming to introduce major changes in Pakistan’s judicial and parliamentary systems.

The bill proposes amendments to Articles 51, 63, 175, 181 and 187 of the Constitution of Pakistan. It also includes the amendment to increase the representation of the Balochistan Assembly from 65 seats to 81.

It also proposed the formation of a constitutional court — which the draft says will hear the petitions related to Articles 184, 185 and 186. The remaining four judges of the constitutional court will be appointed by the judges, sources added.

Furthermore, inter-provisional transfer of high court judges has also been proposed.

Another important amendment proposed in the bill sought appointment of CJP through a five-member panel comprising top court judges.

A merger of the judicial and parliamentary commissions responsible for the selection of judges sought in the amendments.