PPP, JUI-F reach consensus on proposed judicial package

KARACHI: In a major breakthrough, Jamiat-Ulema-e-Islam (JUI-F) Maulana Fazlur Rehman on Tuesday night announced that his party and the Pakistan Poeple’s Party (PPP) achieved a consensus on draft of the 26th constitutional amendment. 

“After much deliberation, I can say this much that our two parties have agreed on a draft [of the constitutional package],” Fazl said while addressing a joint press conference alongside PPP chief Bilawal Bhutto-Zardari in Karachi. 

The 'contentious' constitutional package, among other things, aims to set up a federal constitutional court and fix the tenure of the Chief Justice of Pakistan (CJP) for three years.

The presser came a day after the JUI-F chief hinted at closing in on a consensus with the ruling PML-N and PPP.

In today's presser, the JUI-F chief said they would meet Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif as well and try to win over his consensus on the judicial package, adding that he also had to meet the Pakistan Tehreek-e-Insaf (PTI) leadership.

“We will make an effort to create such a consensus on this draft that it is unanimously considered a constitutional amendment,” he said.

The JUI-F chief noted that “serious” talks were held with the PPP as he praised Bilawal Bhutto — who spearheaded the government efforts for the contentious package — for playing a “big role” in achieving the consensus.

For his part, the PPP chairman — while thanking the cleric and his party for the support — stressed the need to build upon the consensus achieved today between the two parties, noting that his party will also attend the Nawaz-Fazl meeting today.

He expressed hope that the similar consensus that they achieved today is evolved among JUI-F, PPP and PML-N. “Our aim [to amend Constitution] is not for a specific person or timing. Our focus is only on finding solutions to the nation’s problems,” he added.

The former foreign minister said that they aimed to introduce a constitutional amendment in a ‘non-controversial manner’, hoping that all political parties would reach an agreement for the sake of the nation and not for their political interest.

He further hoped that the final bill passed by the National Assembly would be based on the consensus achieved today.

In response to a question, Maulana Fazl said that his party "still rejects" the first draft of a constitutional package presented by the government.

“We expect from PML-N that we need to keep Constitution strong and build confidence in the political system [...] We have to raise our voice for the country, Constitution and parliament,” he said.

The veteran politician thinks that the proposals, which came under discussion during his meeting with the PPP, were not concealed from the PML-N. “We had shared the draft of our proposals with them,” he noted.

When asked about the points on which they reached a consensus, Fazl refused to divulge details, saying they have chalked out a joint draft.

NA, Senate sessions summoned 

Meanwhile, the federal government has summoned separate sessions of the National Assembly and the Senate on October 17 — the very next day of Shangai Cooperation Organisation (SCO) summit as the ruling coalition stepped up its efforts to introduce a much touted constitutional package in parliament.

In a statement, the Ministry of Parliamentary Affairs said the Senate session will commence at 3pm while the NA session will begin at 4pm.

Meanwhile, a meeting of a special parliamentary committee — containing representatives from all political parties — has been scheduled for 4pm tomorrow evening.

Last month, the coalition government made a futile attempt to pass a ‘closely-guarded’ constitutional package amid speculation about a potential extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa.

However, the government failed to even table the amendments in parliament after JUI-F chief Maulana Fazlur Rehman refused to support the government's judicial package, leaving the contentious amendments hanging in the balance.

To pass the constitutional amendments, the government needs two-thirds majority in parliament, with sources claiming that it was short of 13 votes in the National Assembly (NA) and nine in the Senate.

Fazl — last man standing

A tug of war between the government and Maulana Fazl-led JUI-F left the contentious amendments hanging in the balance, with the latter giving mixed signals regarding the contentious judicial package.  

However, the government continued to woo the cleric with Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari spearheading the efforts.

Following a flurry of meetings, Fazl — a day earlier — hinted at closing in on a consensus with the ruling Pakistan Muslim League-Nawaz (PML-N).

During his interaction with journalists in Tando Allahyar, Fazl said that the government was ready to remove the contentious points from the proposed draft of the constitutional amendment bill.

“We had rejected the government’s draft [about constitutional tweaks],” he said, adding, “The things we rejected have been withdrawn.” The JUI-F leader was of the view that the government’s proposed amendments would weaken the judiciary and undermine human rights.

JUI-F proposals

Maulana Fazl had shared his party’s draft of the Constitution (26th Amendment) Bill, 2024 with the media wherein the JUI-F has proposed the elimination of all kinds of Riba on the state level and in all private institutions by January 1, 2028.

The draft of the constitutional amendment also contained proposed amendments on the establishment of constitutional benches in the Supreme Court and high courts and re-appointment and extension in services of services chiefs.

For amendment in Article 38 of the Constitution, the JUI-F has proposed substitution of clause (f) which says that the state shall eliminate all kinds of Riba on the state level and in all private institutions by January 1, 2028 and shall introduce the Islamic Monetary System free from all kinds of Riba.

As per addition in Article 70 (1) of the Constitution, it has been proposed that on laying a bill in either of the Houses, a copy shall immediately be forwarded to the Council of Islamic Ideology by the secretariat of that House for consideration and opinion.

Similarly, as per an amendment in Article 115, a bill presented to the provincial assembly, not the money bill, the same shall be sent to the Council of Islamic Ideology for consideration and opinion.

The JUI-F also wanted to add clause 5 in Article 243 on the appointment and re-appointment of service chiefs. It says the appointment, re-appointment, extension in service, or removal as service chiefs shall be by the laws relating to armed forces but once appointed then the re-appointment, or an extension in service is made, the same shall not be altered unless such question is placed before special committee of the both the houses.

The JUI-F draft also proposed the establishment of a constitutional bench in the Supreme Court having five senior-most judges, including the chief justice.

It also proposed the establishment of the constitutional bench in each high court having three senior-most judges, including the chief justice.

The matters decided by the constitutional benches of the high courts relating to disputes about the interpretation of law shall be heard and decided by the constitutional bench of the apex court.

The JUI-F draft also proposed to repeal the 19th Amendment and restoration of the 18th Amendment, to the extent of appointment of judges.