The establishment of constitutional court

 Vice Chairman of the Pakistan Bar Council (PBC), Farooq H. Naek, announced on Wednesday that establishing a constitutional court in Pakistan will lead to the appointment of two chief justices.

Naek explained that one chief justice will preside over the new federal constitutional court, while the other will lead the Supreme Court of Pakistan. The chief justice of the constitutional court will have a term of three years, with an age limit of 68 years.

He also mentioned that the performance of constitutional court judges could be reviewed, with recommendations for their removal or further action made to the Judicial Commission if necessary. A committee will be formed to propose names for the position of chief justice of the constitutional court.

Earlier, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari expressed his party’s support for the formation of the constitutional court. Speaking to the Balochistan High Court Bar Association, he urged legal professionals to accept the constitutional courts as mandated by the Constitution, stating, “If you don’t accept the constitutional courts, you should leave the practice.”

JUI-F to introduce its own judicial package

Amid a continuing political standoff between the Pakistan Muslim League-Nawaz (PML-N)-led ruling coalition and Jamiat Ulema-e-Islam-Fazl (JUIF) Chief Maulana Fazlur Rehman, the latter has now proposed to constitute a constitutional bench within the Supreme Court instead of creating a separate Federal Constitutional Court (FCC).

Though the political impasse stays over the proposed constitutional package between the two sides, developments till Tuesday led JUI-F officials to say that the party was preparing its own constitutional amendment package, which includes a proposal to set up a constitutional bench within the incumbent apex court instead of establishing a new FCC over the Supreme Court.

While sharing details about the proposal, the JUI-F officials said that the party wishes to suggest that a five-member bench should be constituted, which should only deal with constitutional matters.

They said that it has not yet been finalized if the incumbent judges should be a part of the bench or if new judges should be hired for the purpose.

The official also said that the party was busy contemplating the criteria that will be used if new judges are appointed in the incumbent apex court, saying ensuring merit, as well as age, qualification, experience, among other things, of would-be judges, is the key in this matter.

Emphasizing that the JUI-F was not interested in enacting person-specific legislation, they shared that the party's constitutional package was expected to be finalized soon and it will be shared with everyone to develop a broader consensus in order to avoid a situation that was created last time when the ruling alliance made an attempt to pass constitutional amendments.

Commenting on news reports about a purported breakthrough between JUI-F and the ruling alliance over the constitutional package, a JUI-F official said that several meetings have taken place to deliberate on the issue but to declare that things have already been finalized would be too early to say. He said the meetings mostly focused on agreeing on a common minimum agenda regarding constitutional court.

The clarification came after media reports on Tuesday suggested that the government had succeeded in persuading Maulana, saying amendments regarding the constitutional court and judges' appointment in it would be completed in the first phase in sessions called soon after the Shanghai Cooperation Organization (SCO) summit.

As opposed to the reports claiming that Maulana has given his consent to the government over the constitutional package, a JUI-F official said the reports have surfaced after the ruling coalition made another attempt to convince Maulana of its proposed constitutional package on Monday when he went to the Presidency to take part in a multiparty moot on the Palestine issue.

Before the start of the conference, President Asif Ali Zardari, Prime Minister Shehbaz Sharif, PML-N President Nawaz Sharif, PPP Chairperson Bilawal Bhutto-Zardari, and Deputy Prime Minister Ishaq Dar held a separate meeting with the Maulana, which lasted over half an hour. Commenting on the meeting, a senior JUIF leader said that nothing was finalized in the said meeting.

He said that it was Maulana who had tossed the idea of establishing FCC in the National Assembly even before the government hurriedly called the sessions of the National Assembly and Senate, adding it is Maulana who has now proposed a five-member bench in SC. Previously, he said Maulana had no objection to the constitutional court but didn't agree with the way the government wanted to pass a constitutional amendment bill.

It may be recalled here that just days before the PML-N-led ruling coalition made an attempt to secretly table the constitutional amendment bill without even sharing the agenda with its allies, Maulana while addressing a session of the National Assembly had already conveyed that he wanted to see a constitutional court in the country.

In his speech, Maulana suggested establishing a separate court for deciding cases of constitutional matters so that the backlog of 60,000 cases doesn't increase further. He had also urged the house to truly make parliament a supreme forum by restoring people's confidence in it.

The PML-N-led ruling coalition was left red-faced on September 16 when it failed to table the much-desired constitutional amendment bill of the government after failing to persuade the JUI-F chief to vote in favor of the 'secretly' proposed package.

The ruling alliance had to face sheer embarrassment and humiliation at the hands of the JUI-F chief – once a key ally – as all their strenuous efforts, including calling the sessions of the National Assembly and Senate over the weekend –to get him on board had simply fallen flat on their face.

In a renewed push, the government and its allies have once again approached JUIF to get his party's eight votes in NA and five in the Senate. On the contrary, the PTI leadership has also been holding meetings with Maulana to persuade him to not support the government bill.

Federal Minister for Information and Broadcasting Attaullah Tarar was approached for comments on if the government was successful in getting Maulana's support but he didn't respond.