Another petition challenges proposed constitutional amendment in SC

ISLAMABAD: Another petition challenging the proposed Constitutional Amendments Bill, being introduced by the government, was filed in the Supreme Court, on Wednesday.

The petition was filed by Rahib Khan Buledi, Member Executive Committee of the Balochistan Bar Council, Quetta, under Article 184(3) of the Constitution, making the federation of Pakistan through secretary Ministry of Law and Justice, Speaker National Assembly, Senate through its chairman, President of Pakistan as well as chief secretaries of the four provinces as respondents.

The petitioner prayed the apex court to restrain the federal government or any other member from introducing the proposed Constitutional Amendments Bill in either of the Houses of the Parliament; and further restrain the consideration thereof; and suspend the operation of the Constitutional Amendments Bill if passed or assented to by the President.

He questioned as to whether incomplete Parliament, whose legitimacy is seriously under challenge on account of rigged elections, could introduce and debate and pass the constitutional amendments destroying the basic structure of the Constitution?

He questioned as to whether it is fundamental duty of the superior judiciary including the Supreme Court of Pakistan to prevent any action by any authority or legislation by parliament which fundamentally erodes the separation of power doctrine, independence of judiciary and judicial power?

“Whether this court has the jurisdiction and judicial power to prevent any attempt by the executive, parliament or establishment to abrogate, alter or repeal the Constitution through any Constitutional Amendment in view of its inherent power to protect preserve and defend the Constitution,” the petitioner questioned.

He questioned as to whether the proposed Constitutional Amendments Bill amounted to abrogation of the Constitution and were in violation of the basic structure of the Constitution and Articles inter alia 4, 6, 8, 9, 10A, 16, 17, 25, 68, 63A, 175A, 184, 199 of the Constitution of Pakistan, 1973 and therefore, could not be introduced or enacted as the same was beyond the scope Article 239 of the Constitution?

He submitted the proposed Constitutional Amendments Bill package (hereinafter referred to as the “Proposed Bill”) to the Constitution of the Islamic Republic of Pakistan, 1973. The Proposed Bill puts forth proposed amendments to the Constitution that would change the basic salient features of the Constitution guaranteeing the fundamental rights, separation of the powers, independence of judiciary and right to access to justice.

“The proposed bill in effect will abrogate the Constitution of Pakistan as it aims to bring the superior judiciary under the control of the executive Parliament and the establishment,” the petitioner contended, adding that the parliament did not have the power to make any amendments which abrogates the Constitution of Pakistan or in effect destroyed the judicial power of the Superior Courts.

The petitioner submitted that the proposed Bill was shrouded in secrecy, indicating sheer mala fide on part of the executive and the establishment to alter, repeal the fundamental rights and make the superior judiciary subservient to the dictation and interference.

“The whole edifice of the independent judiciary is being destroyed, thus the whole Constitutional Package was unconstitutional,” he contended, adding that the proposed Bill purportedly included over 57 amendments to the Constitution.