PM, Bilawal greet nation over amendment

ISLAMABAD: Prime Minister Shehbaz Sharif Sunday congratulated the nation on the approval of the 26th Amendment, emphasizing that it was made in larger national interest.

He also hailed the decision of the federal cabinet for the go-ahead for the Constitutional Amendment Bill, as a major achievement for Pakistan’s development and progress, Geo News reported. “The cabinet has made an excellent decision for the development, prosperity and the betterment of the country’s overall situation,” he informed the cabinet session.

The prime minister also reiterated the government’s commitment to public welfare and the constitutional integrity of the country. “By the grace of Allah, after stabilising the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan,” he added. Looking ahead, the premier promised that the government would continue working diligently for the country’s development, prosperity and stability in line with the promises made to the people.

Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari also greeted the nation. “Happy 26 Constitutional amendment day! Aieen Amaanat Bhutto Ka. Jiye Bhutto,” he posted on X.

Earlier, talking to journalists along with Jamiat Ulema-e-Islam-Fazl chief Maulana Fazlur Rahman, PTI chairman Gohar said his party would not vote for the proposed constitutional amendment in parliament. “The party will abstain from voting and present its stance while sitting in parliament,” he said. He lauded Maulana Fazl for his support in opposing the constitutional package. “Imran Khan will always have the final say on party decisions, so we take every instruction from him,” the PTI chairman said. He said the PTI founder had instructed them to have “more consultations since this legislation is so serious”.

“Given that we have no time for further consultations and how the bill was processed and how our parliamentarians were harassed, the PTI cannot vote for this bill,” he announced. Furthermore, Gohar said the party had “no objections” if the JUIF chief votes for the bill.

For his part, the JUIF chief said they have “defanged the black snake overall” as he referred to the draft of constitutional amendments. He noted that the bill, which they had rejected, had been tweaked. “The PTI has no objection to the content,” Fazl said, noting that they can’t force any political party to vote for the amendment. He added that the PTI had every right to oppose after “what the party and its founder suffered”. To a question, he said they had agreed on a constitutional package “but not on its details”.

Before moving the bill for passage in the Senate, Law Minister Azam Nazeer Tarar said under the 18th Amendment, the procedure for appointments in the superior judiciary had been changed to make them transparent and merit-based. Tarar said that Chief Justice Qazi Faez Isa had made it clear in three meetings in six months that he was not interested in extension and would leave after completing his term. “If you want to fix a term or want to create a new court, then it will apply after me, I am not interested in any extension,” the minister quoted the chief justice as saying.

Expressing her views on the amendments, PPP Vice President Senator Sherry Rehman reaffirmed that her party had laid the foundation of the constitutional amendments through a consensus and consultation. “The amendment is not an attack on any institution. Chairman Bilawal Bhutto Zardari has demonstrated exemplary leadership throughout the process by ensuring the inclusion of lawyers and civil society, thereby broadening the scope of consultation. This reflects the PPP’s commitment to transparency and democratic consultation and inclusiveness,” she noted.

Expressing concerns over the current state of the judiciary, she remarked, “put your hand on your heart and tell me, has our judicial system not broken down? Parliament has the right to enact transparent legislation for the benefit of the country.” Sherry Rehman reminded the Senate that it was created to protect the provinces’ rights following the fall of Dhaka. “The Senate was established to ensure that provincial rights are not usurped. The role of parliament in the appointment of judges is not an attack on the judiciary; it is a democratic safeguard,” she noted.

She came hard on the PTI for not presenting its recommendations in the parliamentary committee and added that they were elected to come to the committee and present their case, but they chose not to do so. She pointed out that globally, judges do not decide their own appointments. “Nowhere do judges decide on their own appointments. In this amendment, the voices of women and minorities have also been included. Is this an attack on the judiciary?” she asked.

PTI parliamentary leader in the House Barrister Ali Zafar said the Constitution unites the nation and does not divide the people. “If the Constitution is not made with the consent and consensus of the people, then the Constitution will die by itself.” He contended that a constitutional amendment without a consensus sets the nation back 20 to 25 years. However, he praised the JUIF leadership and said Maulana Fazlur Rehman had played his role in deleting several amendments, which could have been very dangerous.

Senator Ali Zafar said that in the first draft prepared by the government, there were about 80 amendments which were aimed at taking away our fundamental rights, under the amendment of Article 8. “If someone was picked up, he could not go to any court, the clause was likened to a black snake by the JUIF chief.” But, he said, the Constitution might not be ‘broken’ now, however, ultimately we shall have to reverse this entire matter.

He noted that the constitutional amendments imposed during the dictatorial period have caused great harm to the country. “Our abducted comrades will be presented in the House for the constitutional amendment who will vote by force or for any other reason,” he said. “Voting after forcing, beating and abducting people is not consensual, the manner in which the constitutional amendment is being done is not only a crime but also against religious values,” he argued.

Barrister Ali Zafar said that many rights of the High Court were being removed through the amendments to Article 199, the purpose of creating the Constitutional Court was to appoint judges of their choice and make their own decisions. He said that there were several reasons for not being a part of the legislation. “We were not given the opportunity to consult the PTI founder, there are some clauses in the current draft which are a big stain on democracy and a very serious flaw in it. There are those that will cause us irreparable harm in the future, which will be impossible to change.”

Ali Zafar said that most of the points in the current draft were in favour of the government and through the process the government would appoint judges of its own choice.

JUIF’s Maulana Attaur Rehman invited PTI members to side with them, as they had got removed several controversial amendments from the package. “We achieved 80-90 per cent through negotiations and if someone sticks to achieving 100 per cent, then it is better for him to quit politics,” he remarked.

Without explaining, he said that Maulana Fazlur Rehman had got erased certain things which, if had got through, Pakistan would have never been safe. He claimed it was rightly described as a snake by them.

Awami National Party (ANP) chief Aimal Wali Khan said that Pakistan needs judges like Faiz Isa. Pakisan does not need the Lahore group. “We are proud that we have stopped the appointment of judges like Justice Saqib Nisar, Justice Gulzar and Justice Khosa in future,” he maintained. He said that a mother-in-law’s decisions were used to be made in the past. “Now a mother-in-law’s decisions will not come,” he said and accused the PTI of not being serious during the special committee meetings and alleged they would oppose whatever amendments were brought by the PMLN.

He said that there was only one best thing in the PTI and that is their chairman Barrister Gohar, who has been elected by them and yet they don’t believe him. “The PTI founder has gone; if you have to do politics, then you will have to move forward.” He demanded action against those who had attacked defence installations on May 9. “Make it a part of the bill, no one has the right to attack government and private installations,” he added.

Praising the amendments, Syed Faisal Sabzwari of the MQM said that the pro-people legislation would help resolve their issues and pointed out that if there would have been a separate mechanism (bench) for constitutional and political issues, then the Supreme Court would be able to take up people’s cases. Faisal Sabzwari said, “We are asked what is there for the betterment of people in the amendments. The judicial amendments are for the betterment of people,” he noted. He said legislation was the right of parliament and they stood with it.

Majlis Wahdatul Muslimeen (MWM) Pakistan Senator Allama Raja Nasir Abbas, while referring to the constitutional amendments, said Maulana Fazlur Rehman had reduced the chances of destruction. The intention behind any work, he emphasized, is the most important thing, amendments to the Constitution is the right of parliament.

He claimed for the first time an attempt was made to make the amendments quickly; doubts were expressed as constitutional amendments are not made in this way. He contended that if the constitutional amendments were made by oppressing and kidnapping people, then what kind of amendment was it?

“If someone is under pressure, we should defend him. If the PTI does not agree, these amendments will become controversial. We can sit together, greet each other, trust each other, we say people are being picked up but no one is listening to us,” he regretted.

He said that if there was a consensus on the amendments, then no one would have objected, urging making amendments for the sake of Pakistan, not for an individual.

Later, addressing the National Assembly as it took up the amendements’ draft cleared by the Senate, Bilawal asserted that Parliament is on the cusp of an achievement comparable to the 18th Amendment as the powers of the President were devolved to Parliament through the historic 18th Amendment, this legislation will similarly devolve powers concentrated within the judiciary,

Bilawal acknowledged that Maulana Fazal ur Rehman played a crucial role in preserving the sanctity of traditions and the Constitution throughout this legislative process.

He recalled the era, marked by severe political polarisation, during which the then premier Zulfikar Ali Bhutto, JUI-led opposition set aside their conflicts for the sake of the Constitution.

He acknowledged that while today’s political landscape presents new challenges, with political space significantly diminished, a true test of a politician lies in navigating these constraints effectively.

Bilawal highlighted the current political polarisation, yet celebrated the consensus achieved in the form of the 26th Amendment.

He acknowledged that while it remains the prerogative of the opposition not to vote, the content of the bill incorporates many of PTI’s objections, thus demonstrating a collaborative effort. He asserted that this success is a political victory even for those abstaining from voting.

He further asserted that Parliament is on the cusp of an achievement comparable to the 18th Amendment. “As the powers of the President were devolved to Parliament through the historic 18th Amendment, this legislation will similarly devolve powers concentrated within the judiciary,” he said.

He predicted that history would remember this legislation as legendary, securing the protection of democracy and enabling further devolution.

Bilawal Bhutto Zardari posed a critical question to the people of Pakistan, “Are they content with the current judicial system?”

He pointed out that, for half of Pakistan’s existence, dictatorship ruled, often with the judiciary’s endorsement.

He contended that the judiciary, for much of Pakistan’s history, has not fulfilled its duty to protect the sanctity of the Constitution or Parliament, instead facilitating dictatorships.

Bilawal remarked that while the opposition speaks of a “venomous snake” within the political system, the true threat has been the legacy of Iftikhar Chaudhary’s judiciary, which continues to undermine Parliament.

He noted that, although the PPP abolished Article 58-2(b), the judiciary effectively reclaimed its power through Article 63-A, further consolidating authority over the dismissal of Prime Ministers. “The courts’ history is not hidden from the world, he said. Dictator Musharraf was able to rule the country because the courts allowed him to do so,” he said, adding he was able to contest the elections in a uniform because the courts allowed him to do so.

During the recent democratic stints, he said the courts were suddenly reminded of democracy. “This righteousness was seen only when we, through sheer struggle, sent dictators home,” he said.

Despite this awakening, Bilawal Bhutto Zardari said the judiciary did not use its authority to protect and strengthen the Constitution or democracy, but to send elected PMs packing.

He emphasised that it is the responsibility of Parliament to end such anti-democratic practices, particularly through judicial reforms.

Bilawal praised Justice Patel for his principled stance, refusing to take the PCO oath during Zia’s dictatorship, thereby sacrificing his path to becoming Chief Justice of Pakistan.

He said Iftikhar Chaudhary threatened that he would abolish the 18th Amendment when the point of judicial reforms was raised. “This House, was then blackmailed into passing the 19th Amendment,” he said .

He said the 2013 manifesto of the PPP talked about the formation of a constitutional court.

Bilawal stated that this long-standing effort, originating with Quaid-e-Azam, will finally come to fruition.

He said the establishment of constitutional benches will devolve power, offering immediate relief to the public.

The Chairman PPP said the politics is not about stubbornness, hence the PPP, agreeing to the demands of the Opposition including the JUI and PTI, compromised and settled on a constitutional bench.

He succinctly captured this compromise, quoting Shakespeare: “A rose by any other name is still a rose.”

Another monumental achievement of the 26th Amendment, Bilawal said, is ensuring equal representation of all provinces, consistent with the PPP’s long-standing policy, which has previously extended this principle to the Senate.

Additionally, he said the Amendment introduces representation of the people in judicial appointments, breaking the tradition of judges appointing and removing their peers, a system uncommon in the rest of the world.

He said the first time when this power was given to the judges was in 1996 during Shaheed Mohtarma Benazir’s tenure as the PM. “It was not tolerable that a woman PM would be making judicial appointments,” he said.

Bilawal said the Prime Minister was robbed of this power.

The Chairman PPP questioned whether anyone had ever stopped military dictators like General Zia or General Musharraf from appointing judges, while elected Prime Ministers have long been stripped of this power.

He argued that judges in Pakistan had grown accustomed to interfering in matters of politics, foreign policy, and the economy. “The lower judiciary is where the wheels of justice grind the slowest,” he said.

He pointed out that the caseload in the high courts far exceeds that of the Supreme Court, and nearly half of all high court cases are constitutional in nature.

He expressed optimism that once provincial benches are established, the people of Pakistan will witness immediate improvements in the judicial process.