Who is up to what on constitutional amendment bill?

The Pakistani government is preparing to introduce a constitutional amendment bill in parliament, though its presentation has been delayed due to the upcoming Shanghai Cooperation Organization (SCO) summit later this month.

Meanwhile, coalition partner, the Pakistan Peoples Party (PPP) and Jamiat Ulema-e-Islam-Fazl (JUI-F), are already working on their own counterproposals.

The development came after JUI-F, led by Maulana Fazlur Rehman, rejected the government's entire package, which includes the controversial establishment of a constitutional court.

Nawaz postpones US trip

As political tensions rise, ruling party Pakistan Muslim League-Nawaz (PML-N) President and thrice former prime minister Nawaz Sharif has postponed a planned trip to the United States to focus on the evolving situation.

Government sources remain confident about their ability to secure the necessary parliamentary support for the amendments, citing a favorable Supreme Court ruling on Article 63A.

A key member of the federal cabinet, speaking to Nukta, revealed that the government is delaying the introduction of the amendment package in the parliament to avoid diverting attention from the upcoming SCO summit. "All matters are going smoothly," he stated, adding that the bill could be brought to the house shortly after the summit concludes.

PTI remains out of public eye

Meanwhile, PTI’s response has been to remove its members from the public eye. PTI Information Secretary Waqas Akram Sheikh confirmed to Nukta that per the instructions of the party’s founder Imran Khan, all PTI members of the National Assembly and Senate have been relocated to undisclosed locations. They have been barred from attending public gatherings, rallies, or protests.

Sheikh explained that provincial PTI members have been tasked with leading public demonstrations, while Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur will head the central processions.

The move comes in light of the Supreme Court (SC) of Pakistan striking down an earlier bench's ruling on Article 63(A), which deals with lawmakers' defection.

This was a major win for the government as it once again prepared to gather the numbers it required in the upper and lower house to have its constitutional amendments passed.

The case centered on the SC’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.

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

PPP, JUI-F drafting own amendments

On the other hand, PPP and JUI-F are busy drafting their own amendments, separate from the government's proposed package.

Both parties have exchanged initial drafts and are working toward finalizing their versions. PPP’s amendments focus on the establishment of a constitutional court, while JUI-F is pushing for provisions influenced by the Islamic Ideological Council, including laws concerning madrasahs.

Sources within JUI-F revealed that the party’s legal team is crafting a package of 15 to 20 amendments. Party chief Maulana Fazlur Rehman has reportedly met with President Asif Ali Zardari to seek PPP’s support on these amendments.

However, PML-N's leadership has remained relatively silent on the issue. It is expected that by October 20, a draft of the constitutional amendments could be presented in parliament, with an attempt to secure its approval soon thereafter. Nawaz Sharif’s decision to stay in Pakistan signals his intention to oversee these efforts personally.

The JUI-F has been particularly vocal in its opposition to the government’s package, raising concerns about eight key issues. These include the creation of military courts, reducing the powers of the judiciary, transferring high court judges, and extending the age and tenure of judges. Party leaders argue that these changes violate human rights and weaken the judicial system.

JUI-F also insists that the Islamic Ideological Council should play a central role in reviewing and eliminating provisions in the Constitution and laws that conflict with Shariah.

'PM would have unchecked power to appoint CJ'

Regarding the proposed constitutional court, senior JUI-F leader Hafiz Hamdullah expressed serious concerns. He labeled the court a "thinly veiled tool of the executive", arguing that the prime minister would have unchecked power to appoint its chief justice.

Hamdullah further warned that this court would be given powers equivalent to those of the Supreme Court but with less independence.

"This is a fight for the protection of the judiciary and the Constitution," he said, condemning the proposed court as a mechanism to depoliticize the judiciary and limit judicial oversight over national security matters.

He questioned whether the government's intention was to undermine the judiciary altogether, warning that supporting such a court would be tantamount to attacking the very foundation of Pakistan's legal system.

“Supporting such a constitutional court would be a suicide attack on the constitution and the judiciary,” he concluded.