What was the rush? Pakistan's midnight push for a controversial constitutional change

Sunday night saw a flurry of political activity in Islamabad. The executive and legislative arms of the government – the cabinet, National Assembly, and Senate – all sprung to action close to midnight to scrape together votes for a constitutional amendment.

The proposed amendment is part of a broader package of judicial reforms that the government deems critical ahead of the retirement of the top judge, Chief Justice Qazi Faez Isa.

However, lengthy meetings with a key opposition party ally, the Jamiat Ulema Islam-Fazl (JUI-F), did not bear fruit.

Interestingly, the contents of the proposed amendment have been clouded in secrecy, with even JUI-F, the kingmaker for securing votes, saying they haven't seen the draft.

Maulana Fazlur Rehman in a meeting with a government delegation on the night of Sunday, September 15, 2024.Nukta

But what was the rush? Why did the ruling alliance plan to get the amendment approved by all legislative bodies on the same day?

The Pakistan Tehreek-e-Insaf (PTI), the key opposition party whose chief Imran Khan is jailed, has cried foul.

Speaking on Monday at the National Assembly, the lower house of parliament, PTI leader Asad Qaiser said the government wanted to bring in the amendment "behind closed doors and in the dark of the night."

He added that JUI-F chief Maulana Fazlur Rehman foiled this attack on the judiciary.

'Efforts being made with consensus'

Law Minister Azam Nazir Tarar refuted the allegations saying that everything was done in broad daylight and efforts were being made to amend the Constitution by consensus.

But why were the cabinet, National Assembly, and Senate convened on a holiday?

Tarar said all the lawmakers were in Islamabad on the day so an attempt was made to get them together. With their input, the proposed amendment will be put before parliament again.

Lawmakers of the Pakistan People's Party, a key coalition government partner, said they were celebrating Democracy Day on Sunday so a parliament session was convened.

'Improve existing courts'

Speaking to Nukta, Asad Mahmood Abbasi, a member of the Punjab Bar Council, said the urgency with which the amendment is being brought about has made the whole process suspicious.

Instead of building new courts with taxpayers' money, the existing courts should be fixed, he said.

Supreme Court lawyer Abdul Moiz Jafferi argued that constitutional amendments are not the solution to the issues facing Pakistan's courts. He emphasized the need for legal reforms instead of constitutional changes. According to him, one of the key problems is the lack of consequences for individuals who file frivolous or wasteful lawsuits.

- YouTubewww.youtube.com

Senior law expert Hafiz Ahsan Khokhar said timing is not an issue in constitutional amendments. "It is the strategy of the government. They can enact legislation whenever they want. Amendments to the Constitution are a prerogative of parliament," he said.

According to legal experts who spoke to Nukta, the timing of the amendment is crucial.

Earlier in the day, a number of lawyers close to Imran's opposition party, the PTI, held a protest inside the apex court. They chanted slogans against the government, terming its 'constitutional package' an attack on democracy.

A notification was issued announcing the retirement of Chief Justice Qazi Faez Isa nearly three months ago. A new notification for the appointment of Mansoor Ali Shah, the second-most senior judge in the Supreme Court, has not been issued yet.

Appointments of judges in Pakistani courts are done based on seniority and without interference from the government.

This could change as Isa, considered to be friendly with the government, could get an extension through the said amendment.

The government, some sources told Nukta, is trying to establish a new Constitutional Court with the amendment where it could handpick judges, giving a lifeline to Isa's tenure.

- YouTubewww.youtube.com