half-baked effort last week to push a constitutional amendment package raised a storm of scrutiny both from the opposition and in the media.

Conflicting statements issued by some Pakistan Muslim League-Nawaz leaders and Pakistan Peoples Party stalwarts seemed to suggest that they had been unprepared to handle the draft bill. This put a serious question mark on the parliamentary business and status of the people’s representatives in what politicians call our parliamentary democracy. Despite the apparent failure, the government has not entirely given up on the idea. If statements by key ministers are to be believed, it intends to table the proposed constitutional amendment in both houses of the parliament.

The Pakistan Tehreek-i-Insaf and several media commentators have described the proposed amendment a bid to undermine the Judiciary. Some have alleged that the government wants to extend the tenure of Chief Justice Qazi Faez Isa.

On September 13, the ruling coalition had directed its MNAs and senators to be available in Islamabad. Maulana Fazl-ur Rehman soon became the focus of both the Treasury and Opposition parties. The government knew that it needed Fazl-ur Rehman’s support to reach the two-thirds majority in both houses of the parliament. Bilawal Bhutto Zardari and other leaders from the ruling coalition therefore met Rehman to seek his support.

The government knew that it needed Fazl-ur Rehman’s support to reach the two thirds majority in both houses of the parliament. Bilawal Bhutto Zardari and other leaders from the ruling coalition had met Rehman to seek his support.

That most MNAs from the PML-N, the PPP and other coalition partners were not aware of the draft, was soon apparent. When journalists asked parliamentarians from various political parties about their understanding of the draft, most of them expressed ignorance about the proposed amendments on the day the National Assembly had been convened. Most of the statements issued by leaders of the ruling coalition reflected confusion and a sense of embarrassment.

Talking later to the media, Defence Minister Khawaja Asif claimed that the PTI was in general agreement with the proposed constitutional amendments, but had requested time till December. He said that the draft of the constitutional amendment was not a secret. He also claimed that it had been shared with slect leaders of all parties and was therefore a public document.

About the objectives of the proposed changes, he said that these were meant to ensure accountability and balance of powers among state institutions.

Law Minister Azam Nazeer Tarar said that the constitutional amendment package circulating in social media was merely a draft, and not a final document.

While addressing a Pakistan Bar Council and Supreme Court Bar Association event in Islamabad, he said: “The circulating draft of constitutional amendments is just a set of suggestions. The purpose of establishing a constitutional court is to define the scope of suo motu notices under Article 184. There was a surge in such notices between 2009 and 2013, and again in 2018 and 2019.”

PPP chairman Bilawal Bhutto Zardari spoke about the draft after the government postponed its introduction in the parliament. He categorically said that Justice Mansoor Ali Shah would be the next Chief Justice of Pakistan. Bilawal Bhutto said that both the Legislature and the judiciary were not functioning well. “We waited for almost 50 years for justice in Shaheed Zulfikar Ali Bhutto’s murder case.”

He said political cases made up 15 percent the Supreme Court’s current workload. These, he said, consumed 90 percent of its time. He stressed the need for judicial reforms in the country. “Under the Charter of Democracy, the constitution of a Truth and Reconciliation Commission is still pending,” said Bilawal.

On the other hand, most pro-PTI lawyers have taken a position against the proposed amendments. The organisations representing the legal fraternity are still unsure about the merits of establishing a constitutional court.

The best model of a constitutional court currently is in Germany. As a constitutional organ –unlike other courts – the federal constitutional court is not subject to administrative supervision by a ministry.

It is up to political forces and legal fraternity in Pakistan to make up their minds and build consensus over judicial reforms to make the burden of constitutional petitions in the Supreme Court and the high courts manageable.

The writer is a senior journalist, teacher of journalism, writer and analyst. He tweets at @BukhariMubasher