Constitutional courts on the horizon? Pakistan’s Parliament races against time

Pakistan's government is accelerating efforts to establish a federal constitutional court through sweeping amendments to the country's legal framework, racing against an October 25 deadline. This date marks the retirement of Chief Justice Qazi Faez Isa, whom the government perceives as sympathetic to their cause.

The ruling coalition is pushing to pass reforms before the shift in judicial leadership. The proposed changes, which include the creation of constitutional courts and revised procedures for appointing judges, have sparked heated debate among political parties.

In a recent in-camera meeting of the Special Committee of Parliament, chaired by Syed Khurshid Shah, key political figures gathered to discuss the proposed reforms. The attendees included Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari, Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman, Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan, Federal Law Minister Azam Nazeer Tarar, and Awami National Party (ANP) leader Aimal Wali Khan.

Tarar presented the government's draft, which included recommendations from various lawyers' organizations. The JUI-F and opposition party PTI were given additional time to come to an agreement. "Although we have the necessary numbers in Parliament, the government is seeking broad support across all parties," he said.

According to sources, Tarar informed the committee that the government has enough votes to pass the constitutional amendments and aims to get the package approved immediately after the Shanghai Cooperation Organization (SCO) meeting.

The PPP also submitted its long-awaited draft, and JUI-F's proposals were discussed. It appears that an effort was made to create consensus, at least within the government's own ranks.

‘Consensus wanted, not needed’

Speaking to the media after the meeting, Bilawal stated that while the government is confident in its ability to approve the constitutional amendments in Parliament, it has consulted all political parties.

He explained that the government could pass these amendments immediately after the SCO meeting and before October 25. However, at the PPP's request, the government has already granted a month's time for further consultation.

He emphasized that the PPP desires more consultation and consensus on the constitutional amendments, despite the time constraints.

Bilawal called on JUI-F and PTI to submit their comprehensive recommendations for discussion with the government.

Concluding his remarks, the PPP chairman indicated that while reaching a consensus would be ideal, the government intends to pass the constitutional amendments regardless of the outcome.

Opposition’s response

Barrister Gohar, meanwhile, stated that no consensus has been reached in the committee meeting yet. He expressed frustration over the hastily called meeting, noting that its purpose was unclear beforehand.

He claimed that PTI was not provided with the full draft of the government's proposed amendment.

PTI leader Aamir Dogar elaborated, saying the government has only submitted half of its draft to the committee. "We have received two drafts—one from the government and one from PPP—and we will discuss them with our party," he said.

Dogar criticized the government for acting hastily in the draft committee, while noting that there is comparatively more clarity about the draft from PPP.

Expected time of arrival? Unknown

Maulana Fazlur Rehman said the government has officially shared its draft for the first time, and consequently he could not say how long it would take for a consensus to be reached.

Fazl also said there will be further consultation on the issue, despite the government's assurances that the amendment will be passed as soon as the SCO gathering in the federal capital concludes.

Later in the day, Bilawal met with Fazl at his residence. According to sources familiar with the meeting, Bilawal sought Fazl's confidence on the judicial reforms and requested his support for the proposed constitutional amendments.

'PPP, JUI-F to have united draft'

In a press conference following his meeting with Bhutto-Zardari, Rehman revealed significant developments in the ongoing judicial reform discussions.

"We've agreed that PPP and JUI-F should move forward with a unified draft," Rehman stated, indicating a potential alignment between the two parties.

He reemphasized his intention to seek consensus from the government and PTI on this joint proposal.

"Surprisingly, the government distributed only a few copies," Rehman stated, adding, "It seemed as if the negotiations were just beginning."

He also voiced concerns about the politicization of judges, asserting, "Judges should remain judges, not become political figures." "One side is afraid of one judge, while the other is afraid of another," he lamented.

Rehman clarified his party's position on the delays, "The reason we are stalling is that we do not agree with the government's draft," he said.

The JUI-F's support for the reforms is conditional on the incorporation of their recommendations. Rehman stated, "If our proposals are accepted, we could vote in favor. We're acting as opposition, and that's the role we must play."

Prior to the PML-N-led coalition's first attempt to introduce the constitutional amendment bill on September 15, 2024, Fazl had expressed support for a constitutional court during a National Assembly session.

But the ruling coalition faced embarrassment on September 16, when it failed to table the constitutional amendment bill due to its inability to secure the JUI-F chief's support at the last moment.

Despite extensive efforts, including weekend sessions of the Parliament and five Parliamentary Committee meetings, the ruling alliance has not persuaded the JUI-F chief to back their proposal yet.

A meeting of the Special Committee of Parliament has now been convened at the Parliament House on Saturday for further deliberations.