SC petitioned to preempt proposed constitutional changes

A petition calling to preempt the amendments to the Constitution of Pakistan suggested by the federal government has been filed in the Supreme Court a day after as the proposed bill failed to get parliament's nod despite intense lobbying by the ruling alliance. 

The country witnesses political turmoil revolving around the incumbent government's prospective constitutional amendment bill, aimed at making major changes to Pakistan’s judicial and parliamentary systems, which the opposition parties, especially Pakistan Tehreek-e-Insaf (PTI) vehemently oppose.

In a constitutional petition filed under Article 184(3), the apex court has been requested to set aside the proposed amendments and declare them "ultra vires" the Constitution, principle of separation of powers, independence of judiciary and fundamental rights enshrined under the law.

“It is prayed that the separation of powers and independence of the judiciary and its powers and functions to enforce the fundamental rights be kindly declared as sacrosanct under the Constitution and beyond the power and competence of the Parliament to withdraw, interfere or tamper with in any manner whatsoever,” the petition read.

The petitioners requested the court to restrain the federal government from tabling the bill, order the suspension of the operation of the proposed amendments, and stop it from being signed into law by the president of Pakistan even if it sails through both houses of parliament.

The petition has been submitted by former president of the Supreme Court Bar Association (SCBA) Abid Zuberi, former federal minister for education Shafqat Mahmood, Shahab Sarki, Ishtiaq Ahmed Khan, Munir Kakar and others.

Centre, all four provinces, the National Assembly, the Senate and others have been nominated as respondents in the petition.

The possibility of the prospective constitutional amendments came amid the speculations revolving around an extension in the tenure of incumbent Chief Justice of Pakistan (CJP) Qazi Faez Isa — who is set to retire in October this year. The speculations were given rise by PTI's demand for an early issuance of notification regarding the next top judge last month.

However, for a successful passage of any constitutional amendment, the government needs two-thirds majority in both houses of parliament.

Despite desperate attempts to woo Jamiat Ulema-e-Islam Fazl's (JUI-F) Maulana Fazlur Rehman, the government failed to gain his support, which would have achieved the magic number for the much-disputed legislation.

After this, the bid to table the constitutional package was "postponed indefinitely", as revealed by senior Pakistan Muslim League-Nawaz (PML-N) leader Senator Irfan Siddiqui, following today's NA session.