Down but not out? Govt drops constitutional package plans till after SCO

The government will not introduce constitutional amendments until after the Shanghai Cooperation Organisation (SCO) summit concludes. However, consultations with all stakeholders will continue during this period.

The summit is scheduled to take place in the federal capital from Oct. 15 to 17.

In a conversation with Nukta, Federal Minister for Information and Broadcasting Attaullah Tarar stated that the government had not yet decided when it would introduce the amendments in parliament.

He added that the government's primary focus is currently on the SCO Council of Heads meeting, which is being held in Pakistan after a long time. He also mentioned that regular political consultations on the amendments have not yet started.

Senator Irfan Siddiqui, the parliamentary leader of the Pakistan Muslim League-Nawaz (PML-N) in the Senate, stated that the amendments will only be introduced in parliament once all necessary numbers and consultations with stakeholders are completed. He emphasized that efforts are ongoing to secure Maulana Fazlur Rehman's support.

What are the ‘allies’ up to?

Sources close to Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman revealed that the JUI-F has rejected the government's proposed package of constitutional amendments and will not support it. Maulana Fazlur Rehman had previously announced his opposition to the amendment bill.

Meanwhile, discussions between the Pakistan Peoples Party (PPP) and JUI-F are ongoing.

PPP leader Murtaza Wahab confirmed that the PPP has shared its draft of amendments concerning the establishment and reforms of the constitutional court with the JUI-F.

This was confirmed by JUI-F sources who added that the party has submitted its draft to the PPP and also shared a copy with the PTI.

The previous attempt

On the weekend of Sept. 15, the government tried to scrape together votes for a bill that is part of a broader package of judicial reforms that the government deems critical ahead of the retirement of incumbent chief justice. Chief Justice Qazi Faez Isa and the current government dispensation are considered to be on good terms; he is set to retire in October.

Despite lengthy meetings with a key opposition party ally, the JUI-F, the government was unable to present the long-awaited constitutional bill in parliament. For two days, the government scheduled cabinet meetings, parliamentary sessions and parliamentary meetings, only to be disappointed.

It was after the opposition Pakistan Tehreek-e-Insaf's leaders - including former speaker Asad Qaiser and parliamentary leader Omar Ayub - met with JUI-F leaders, praying together for sunset prayers, that appeared to be the final nail in the coffin.

Since then, Fazl has many times spoken against the reforms and said he would not support them. The PTI has also vehemently protested against them, terming the reforms an 'attack on judicial independence'.

SC does away with defection law

While the government scrambled to gather lawmakers' support to pass the amendments, the country's apex court in a key ruling nullified its previous bench’s interpretation of Article 63A of the Constitution last week.

The review petition was seen as crucial for the government in its attempts to pass constitutional amendments.

The case centers on the Supreme Court’s May 17, 2022 ruling on a presidential reference concerning Article 63-A, which stated that votes cast by defecting lawmakers against party policy would not be counted.

Former president Dr Arif Alvi filed the reference during the tenure of jailed ex-prime minister Imran Khan's government.

The judgment also left the duration of disqualification up to the discretion of parliament. This 3-2 verdict, led by then-Chief Justice Umar Ata Bandial, saw Justices Mazhar Alam Miankhel and Jamal Khan Mandokhail dissenting.