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Pakistan’s govt to now table key constitutional amendments in parliament tomorrow

Pakistan's parliamentary sessions convene amid deadlock on constitutional amendments

Pakistan’s govt to now table key constitutional amendments in parliament tomorrow

Parliamentary leaders attend a meeting of the Special Committee on constitutional amendments at the Parliament House on October 17, 2024.

National Assembly

Senate session begins after PM's lunch with members

PML-N claims amendment will be tabled tomorrow, despite past delays

Allegations emerge of missing senators and coercion

Constitutional changes still lack required consensus for passage

Pakistan's Senate session, previously scheduled for 3 pm, commenced following a lunch hosted by the Prime Minister for Senate members on Thursday, hours after a deadlocked meeting of the parliamentary committee on constitutional amendments was adjourned till Friday.

Simultaneously, the National Assembly is also holding its session, which was scheduled to begin at 4 pm. However, it's noteworthy that the constitutional amendment is not on the agenda for either of these parliamentary sessions.

Pakistan Muslim League-Nawaz (PML-N) parliamentary leader Irfan Siddiqui spoke to the media after the lunch, providing updates on the ongoing negotiations. "The constitutional amendment will be brought in the Senate tomorrow," Siddiqui stated, indicating a breakthrough in the previously deadlocked talks.

According to Siddiqui, the Prime Minister briefed the Senate members regarding discussions with leadership about the constitutional amendment. He also revealed that Federal Minister of Law Azam Nazeer Tarar provided a briefing on the draft constitutional amendments during the lunch.

"The details [of the latest draft] have just been presented to us," Siddiqui said. He added that all stakeholders are currently being consulted, and "When all major political parties agree, the draft will be brought to the parliamentary committee."

Siddiqui expressed optimism about the progress, stating, "80, 90 percent work has been done now, the rest will be agreed today." He also announced that the parliamentary committee is expected to announce consensus on constitutional amendments in its next session.

However, similar claims have been made in the past without materializing, leading many observers to approach such statements with caution.

Earlier Developments

This morning's parliamentary committee meeting, which began at 12:30 p.m., had ended in a stalemate after members failed to reach an agreement. The meeting was initially adjourned until Friday, but the recent lunch meeting appears to have accelerated the process.

The committee session, which began at 12:30 p.m., ended in a stalemate after members failed to reach an agreement. The meeting was adjourned until Friday, extending the political deadlock.

Pakistan Peoples Party (PPP) leader Khursheed Shah, chair of the special committee, expressed cautious optimism while speaking to reporters. "The committee meeting will resume tomorrow at 1:30 p.m. Even today, we could not reach any final conclusion," Shah said. He added, "A final conclusion will be reached in two days."

Shah further noted that the opposition Pakistan Tehreek-e-Insaf (PTI) had not submitted its proposals during today’s discussions either. The absence of PTI’s formal input has prolonged the impasse, with negotiations expected to remain tense.

Despite the government's claims of progress, this morning's developments have cast doubt on the amendment's immediate future.

Passing the bill requires a two-thirds majority in Parliament. The government lacks this majority without support from both coalition partners and some opposition members, a hurdle that has repeatedly delayed the amendment's progress.

Talks stuck in quicksand

PTI Chairman Barrister Gohar Ali Khan strongly criticized the proposed amendments: "If there are any reforms in the judiciary, we are with them, but do not subjugate the judiciary. Judiciary should not be subordinated, judges of judiciary should not be transferred without their will."

Gohar Ali Khan announced that the PTI will hold a protest tomorrow if their demands are not met.

Meanwhile, Kamran Murtaza of Jamiat Ulema-e-Islam-Fazl (JUI-F) announced a meeting of his parliamentary party at 5 p.m. today. "We will decide our course of action at that time," Murtaza said.

He claimed that most parties have accepted JUI-F's proposals, with only "one or two things" remaining unresolved.

The JUI parliamentary party meeting on the issue of the 26th constitutional amendment was later rescheduled to 6 pm today.

According to JUI spokesperson Aslam Ghauri, JUI-F chief Maulana Fazlur Rehman will preside over the meeting. Members of JUI-F from the National Assembly and Senate will participate in the meeting at Maulana Fazlur Rehman's residence.

After the JUI parliamentary party meeting, a meeting with the leaders of Tehreek-e-Insaf is also expected, Ghauri said.

Last night's high-profile dinner meeting in Lahore, attended by major political leaders including Nawaz Sharif, Maulana Fazlur Rehman, and Asif Ali Zardari, ended without concrete agreement on the proposed 26th constitutional amendment.

Maulana Fazlur Rehman stated that consensus had been reached on judicial reforms, but further consultations were needed on other proposals. He also reiterated his party's rejection of the government's initial amendment.

Controversy deepens with senator disappearances

The situation has become further complicated by allegations of coercion and missing senators. Senator Naseema Ehsan of Balochistan National Party Mengal (BNP), who unexpectedly attended the government dinner, hinted at voting for the amendments despite her party's opposition. She cryptically told media, "everyone knows that there is pressure on me."

In a stark contrast, BNP Acting President Sajid Tareen and Akhtar Hussain Langove held a press conference claiming two of their senators were kidnapped. They stated, "Two senators of Balochistan National Party have gone missing. The mobile phone of Senator Naseema Ehsan's husband was taken away... This is the first amendment that is being kept secret. We demand the recovery of our two senators."

These allegations add a troubling dimension to the already contentious amendment process.

Imran holds the final say

The PTI delegation, consulting with Jamiat Ulema-e-Islam chief Maulana Fazlur Rehman on the 26th constitutional amendment, set the condition that PTI founder Imran Khan must approve the final decision.

During a press conference in Islamabad with PTI General Secretary Salman Akram Raja, Sunni Ittehad Council leader and National Assembly member Sahibzada Hamid Raza, who is also part of the Special Committee of Parliament for Constitutional Amendments, stated that the government did not present a draft of the amendment during today's session. "We do not endorse any government draft," he said.

"If anything is agreed upon with Maulana Fazlur Rehman, the final decision will be made by PTI founder Imran Khan, so we must facilitate a meeting with him," he added.

What is the Constitutional Amendment Bill?

The Constitutional Amendment Bill is part of a broader package of judicial reforms that the government deems critical ahead of the retirement of the incumbent chief justice. Chief Justice Qazi Faez Isa and the current government dispensation are considered to be on good terms, however, the latter is set to retire later this month.

The bill includes several controversial provisions.

The proposed reforms aim to streamline judicial appointments, limit the powers of the Chief Justice, and address long-standing concerns about judicial independence and accountability.

However, these reforms require a two-thirds majority in Parliament, which the government does not currently possess without support from both its coalition partners and some opposition members.

From discussions with parliamentarians, Nuktaobtained the following details about the government's proposed bill:

1. A constitutional court will be established under the Charter of Democracy – signed in 2006 by former prime ministers Benazir Bhutto and Nawaz Sharif in London - which will take up cases related to articles 184, 186, 185 of the Constitution of Pakistan.
2. The government will appoint the chief justice for the proposed constitutional court.

3. The chief justice of the apex court will be chosen from a panel of five senior-most Supreme Court judges.

4. The judicial commission and parliamentary committee that will pick the chief justices of the Supreme Court and high court will be merged through a constitutional amendment.

5. Islamabad High Court judges can be sent to other provincial high courts on a rotation/transfer basis.

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