The coalition government remained unsuccessful last week as it tried to pass the Constitutional Amendment Bill amidst protests by opposition party and senior lawyers. The Government failed to get the magic number to pass the bill with JUI-F President Fazal ur Rehman holding the key. Fazl took the centre stage as opposition and coalition government raced to meet with him to get his support. Ultimately, the government postponed the sessions of Parliament on Sunday indefinitely as the government’s cajoling did not convince JUI-F’s Fazal ur Rehman.
However, what exactly was the secretive amendments bill? The Current breaks it down for you:
Article 17
When the government decides to ban a political party if it threatens the sovereignty and integrity of Pakistan, the government shall refer the matter to “Federal Constitutional Court” instead of the Supreme Court
Article 63A
Votes given by members of Parliaments against their party directions will be counted and not disregarded.
Article 175
Seniority principle for appointment of Chief Justice of Pakistan revised. Under the amendments, the CJP would be appointed based on the recommendation of National Assembly Committee.
Section 46
No Court including the Supreme Court or the proposed Federal Constitutional Court would have the authority to call into question any amendment or provision of Constitution made by the Parliament.
Article 179
The retirement age for a judge of the Federal Constitutional Court has been raised from 65 to 68 years. Additionally, if a former Supreme Court judge is appointed to the Federal Constitutional Court, they shall hold office for a term of three years. It has also been added that the term of the Chief Justice of the Supreme Court (CJ SC) shall be three years unless they resign, are removed from office, or attain the age of 65 years.
Article 184
All petitions, appeals, or review applications against judgments passed under Article 184, whether pending or filed before the Supreme Court even prior to these constitutional amendments, will now be transferred to the Federal Constitutional Court for adjudication.
Article 184
All appeals, petitions, or review applications arising from orders or judgments by High Courts passed under Article 199 (mostly matters related to federal and provincial governments), which are pending before the Supreme Court, shall be transferred to the Federal Constitutional Court for adjudication.
Article 185
Any appeal from High Court involving matters of constitutional interpretation would also be heard by the Federal Constitutional Court and not the Supreme Court.
Article 189
Decisions made by the Federal Constitutional Court and the Supreme Court on questions of law will be binding on all courts in Pakistan, including the Supreme Court itself.
However, decisions made by the Supreme Court on questions of law will be binding on all courts except the Federal Constitutional Court.
Article 190
All executive and judicial authorities to act in aid of the proposed Federal Constitutional Court. The requirement to act in aid of Supreme Court has been removed.
Article 192
The number of High Court judges will now be decided by the Parliament.
Article 193
Eligibility criteria for a High Court judge changed as the person must have been an advocate of the High Court for 15 years and have held a judicial office for 15 years instead of 10 years.
Article 199
The High Court shall not make any orders against armed forces personnel performing functions under any law related to national security.
Article 200
The President would have the authority to transfer a High Court judge on the recommendation of the Judicial Commission.
Article 202
The rules for practice and procedure that the High Court may establish are now subject to the Constitution and Parliament, rather than just the Constitution and law.
