Civil society demands transparency in constitutional amendment process

Islamabad: Centre for Peace and Development Initiatives (CPDI) has expressed its serious concern on lack of transparency and stakeholder consultations in relation to the Government’s plans to amend the Constitution.

A statement issued by the organisation says that print, electronic and social media is rife with speculations about a constitutional amendment to establish a Constitutional Court, fix tenure of chief justice, increase retirement age of judges or to change the procedure of judicial appointments, but no draft constitutional amendment bill has yet been officially shared with the stakeholders including civil society, political parties and the public.

“This level of secrecy on such an important matter that may have implications for judicial independence and peoples access to justice is against the best practice and hugely worrying." The Executive Director of CPDI, Mukhtar Ahmad Ali, has emphasized the importance of stakeholder consultations and informed public dialogue in relation to legislative proposals, especially when these are about reorganisation of the top tier of the judicial system.

He demanded that the Government must immediately publicize the draft constitutional amendment bill and arrange open consultations with stakeholders including lawyers, retired judges, academics, and not for profit organizations with focus on governance and access to justice.

Any constitutional amendment that lacked broader public support will remain controversial and may not yield positive results. CPDI has also demanded that, once the bill is introduced in the Parliament, the Government must desist from hurrying the legislative process and allow ample time for the legislators to thoroughly scrutinize the bill in the relevant standing committees and consult stakeholders by inviting them to their meetings or organising public hearings.

CPDI has also expressed its concern on the allegations that the Government may use dubious means to manage the required numbers in the Parliament to get the amendment bill passed. It has highlighted the importance of observing highest standards of legislative process in accordance with the democratic values and the best practice. It has warned that lack of transparency and any efforts to bulldoze the process or adoption of unlawful means to manage the required numbers will further polarize the political environment and, hence, it will not be in the best interest of the people and the country.