Pakistan Constitutional Amendments:

PM Shehbaz meets President Zardari to discuss constitutional amendments​


PML-N and PPP withdraw from the proposal for federal constitutional courts, agreeing on alternative reforms.

News Desk
October 17, 2024

tribune


Prime Minister Shehbaz Sharif has met with President Asif Ali Zardari at the President house to discuss proposed constitutional amendments and the prevailing political situation.

The meeting on Thursday comes as the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) step back from their earlier proposal to establish constitutional courts, Express News reported.

Moreover, during a special parliamentary committee meeting, chaired by Khursheed Shah, discussions were held on the 26th constitutional amendment draft.

According to sources, the governing coalition parties and Jamiat Ulema-e-Islam (JUI-F) have agreed to drop the proposed 26th constitutional amendment, which called for the creation of constitutional courts.

Instead, they reached a consensus on forming a constitutional bench.

The special committee meeting concluded with the government and JUI-F deciding to consult the Pakistan Tehreek-e-Insaf (PTI) on a joint draft. JUI-F leader Maulana Fazlur Rehman will share the finalised draft with PTI leadership, marking the nearing completion of the amendment process.

However, Information Advisor for Khyber-Pakhtunkhwa (K-P) Barrister Saif announced PTI will mount both legal and political resistance against the proposed constitutional amendment.
 

MQM’s proposals removed from constitutional amendment draft​

The proposed amendments related to local government powers and funds have also been removed from the draft.

News Desk
October 17, 2024

tribune


The Muttahida Qaumi Movement - Pakistan (MQM-P)'s proposals for the constitutional tweaks has not been incluided in the 26th constitutional amendment.

The governing parties, Pakistan Muslim League-N (PML-N) and Pakistan People's Party (PPP) have succeeded in convincing the MQM and the proposed amendments related to local government powers and funds were also removed from the draft.

However, MQM's constitutional amendments will be considered in the next 27th constitutional amendment, with the party expressing agreement with the government's suggestions, Express News reported.

PML-N and PPP have also reportedly backed down from their plans to establish federal constitutional courts.

According to sources, the government coalition parties and JUI have agreed to drop the establishment of constitutional courts from the 26th constitutional amendment and instead form a constitutional bench.

The government and JUI have decided to consult with PTI on the joint draft. Maulana Fazlur Rehman will share the final draft with the PTI leadership.

The preparation of the draft has entered its final stage, with the Parliament's special committee meeting concluding and set to resume tomorrow after Friday prayers.

PTI stages nationwide protest against constitutional amendments

PTI has announced a nationwide protest this Friday against the proposed 26th constitutional amendment package.

The decision was made during a meeting of PTI's political committee, chaired by Barrister Gohar Ali Khan on Wednesday. The committee resolved to take all necessary steps to block the amendments in both houses of Parliament.

Earlier today Barrister Gohar, claimed that seven members from the government benches will not vote in favour of the proposed constitutional amendment.
 
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In a surprising turn of events, Jamiat-Ulema-e-Islam-Fazl (JUI-F) seems disunited as its four to five members of National Assembly have made a ‘forward bloc’, sources told Dunya News.

According to sources, four to five JUI-F members of parliament have made their ‘forward bloc’ on the issue of 26th constitutional amendment package.

On the other hand, according to media report, Jamiat-Ulema-e-Islam-Fazl (JUI-F) central leader Aslam Ghori has denied any forward bloc in the party.

He said all their members are in contact, adding, “We have eight MNAs and five senators. They are all in contact with JUI-F leadership. But our one senator, Abdul Shakoor, was not being contacted”.

Reade more: Fawad heaps praise on Fazl for safeguarding constitution

Earlier, JUI-F chief while talking to the media had said his MNAs were being harassed and intimidated.

He lamented that the members of JUI-F and BNP were being harassed, saying one of his party members was abducted and the other being intimidated.

“The government on one hand is holding talks on constitutional amendment package and on the other is harassing our MPs.

“If the government continues with such tactics, we will be compelled to give consultation process on the issue,” Fazl said.
 

BNP-M Senator announces support for constitutional amendment
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BNP-M Senator announces support for constitutional amendment

When asked by a journalist about potential pressure, she responded, “You know there is pressure”

ISLAMABAD (Dunya News) – BNP Mengal’s Senator Naseema Ehsan has announced voting in favour of upcoming constitutional amendment.

She stated, “Whenever the amendment comes, I will vote for them. We will assess the bill when it arrives”.

Addressing rumours of pressure, she dismissed allegations, saying, “if I were abducted, would I be here”?

When asked by a journalist about potential pressure, she responded, “You know there is a pressure”.

Her remarks suggested a willingness to support the amendment while acknowledging the challenges faced.
 
Bilawal says PPP, PML-N to seek "extra members" support if opposition doesn’t support legislation
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Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari has said that he will be compelled to take “controversial path” for the passage of the 26th constitutional amendment if the opposition parties refused to support his efforts to pass the judicial package with consensus.

"I myself making last attempt to convince the opposition parties to vote for the constitutional amendment in a non-controversial way," he said while addressing a rally in Hyderabad held to mark the 17th anniversary of Karsaz incident.

The PPP chief said if he failed to evolve consensus on the proposed constitutional amendment “then we all have to pray for the country’s democracy”.

"If the opposition still refuses to support us despite so many compromises then I will be compelled to pass the amendment with the support of Pakistan Muslim League-Nawaz and the extra members," the PPP chief said.

He added that he will have to pass the 26th constitutional amendment in parliament via "brute majority" with the support of extra members if opposition refused to evolve consensus on the draft.

“It is necessary for us to establish a forum for the equal representation of all provinces but if the opposition shuts the door on us so then I will be compelled to take the 'controversial path,' which is not my favourite path and I tried not to take it, along with my allies to form constitutional bench at the federal and provincial level,” he added.
 
Party seeks final nod from Imran Special committee approves draft Bilawal meets Fazl in last-ditch effort
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Pakistan Tehreek-e-Insaf (PTI) is just a step away from sealing a consensus with Jamiat Ulema-e-Islam-Fazl (JUI-F) over the 26th Amendment draft, according to party chairman Barrister Gohar.

Addressing the media after key talks with Maulana Fazlur Rehman, Gohar stated that the PTI had nearly crossed the finish line and was now waiting on founder Imran Khan's green light.

The PTI's negotiations coincided with the special parliamentary committee's announcement that it had reached a consensus on the 26th Amendment.

"We have almost reached a consensus with Maulana sahib. When Imran Khan provides his input tomorrow, we will present that draft," Gohar said, signalling that the final touches were in progress.

Gohar noted that discussions with the JUI-F leader were held at the request of Imran Khan. "On Imran Khan's request, we have had meetings with Maulana sahib," he stated while addressing the press.

Despite efforts to conclude the talks the previous day, Gohar explained that further discussions had taken place. "We hoped that we would reach a consensus yesterday. Today, we met Maulana sahib to reach that consensus," he continued.

According to Gohar, the fourth draft, which was presented during the talks, was the same one being discussed with the JUI-F.

Gohar further clarified that PTI plans to submit a formal request to meet Imran Khan the following day for his approval of the final draft.

"We have not been allowed to meet Imran for two weeks," Gohar revealed, pointing out the difficulties PTI has faced in accessing its incarcerated leader. He added that even PTI doctors had been denied access to Khan during this time.

"According to his input, we will present our final version," Gohar concluded, signalling that the party was in the final stages of wrapping up the draft once Imran Khan's feedback was incorporated.

Consensus reached, final draft approved

Meanwhile, the special committee of the National Assembly constituted to deliberate on the proposed drafts for the 26th constitutional amendment finally reached a consensus and approved a final draft, setting the stage for its approval from the federal cabinet and the Parliament.

The news about consensus was shared by none other than the committee head, Khursheed Shah, saying the committee has finally finalised the final draft containing 26 amendments.

However, soon after the meeting, the committee members belonging to PTI conveyed their reservations saying that the final approval was linked with a meeting with incarcerated PTI founding chairman Imran Khan.

Since the lobbying started on the proposed 26th constitutional amendment, a flurry of activities has been witnessed on the political chessboard ranging from high-profile meetings to in-camera deliberations and from allegations of wheeling and dealing to alleged abduction of the lawmakers and their family members to complete numbers required for passing the bill.

Friday was no different. Apart from the committee meeting, PPP Chairman Bilawal Bhutto Zardari as well as PTI Chairman Barrister Gohar Khan along with their delegations met with JUI-F chief Maulana Fazlur Rehman to address the concerns regarding the proposed bill and alleged violations of lawmakers and their families' human rights.

Just like the previous month when the government had hurriedly called sessions of both the houses of the Parliament, the two houses remained in session at the same time with fake news circulating that the cabinet session was also in motion and chances are that the committee-approved draft would be stamped by the cabinet and introduced in either house.

However, two cabinet ministers confirmed to The Express Tribune that no cabinet meeting took place on Friday. On Saturday, both the houses will be in session while a cabinet meeting is expected to give approval for the draft approved by the committee.

Nevertheless, amid claims and counterclaims, the 10th meeting of the NA committee concluded deliberations on the drafts presented by the PML-N, PPPP, JUI-F and ANP. The final draft shows that the committee has decided that the Chief Justice of Pakistan (CJP) shall be appointed on the recommendation of a 12-member Special Parliamentary Committee from among the three most senior Judges of the Supreme Court.

The draft says that the committee shall send the name of the nominee to the prime minister who shall forward the same to the president for appointment, adding provided that where the nominee under this clause declines, the next most senior judge shall be considered by the committee and so on till the appointment of CJP.

The proposed Article states that the committee, by the majority of its total membership, within 14 days before the retirement of CJP shall send the nomination. It adds that the first nomination after the commencement of the 26th constitutional amendment shall be sent within three days before the retirement of CJP.

Moreover, an amendment to Article 179 stipulates that the Chief Justice's term shall be three years, or until he resigns, reaches the age of 65, or is removed from office in accordance with the Constitutionwhichever comes first. It further clarifies that the Chief Justice will retire at the end of the three-year term, regardless of reaching the age of superannuation.

Amendment in Article 184 says that "the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause."

High courts have also been barred from doing so. Article 186A empowers the Supreme Court to transfer cases, appeals or other proceedings, pending before any high court to any other high court or to itself.

Insertion of Article 191A states that there shall be as many constitutional benches of the Supreme Court, comprising such judges and for such term, as may be determined by the Judicial Commission of Pakistan, from time to time. Provided, it adds, the constitutional benches may, as far as practicable, comprise an equal number of judges from each province.

It adds that only the constitutional benches shall exercise original, appellate and advisory jurisdiction. Following the passing of the proposed bill, all cases shall stand transferred to the constitutional benches.

Amendment in Article 193 proposes that a person shall not be appointed as a judge of a high court unless he is a citizen of Pakistan, and is not less than 40 years of age. A clause of the bill says that the commission constituted for the judges' appointment shall conduct an annual performance evaluation of judges of the high courts.

Through proposed Article 9-A (clean and healthy environment), it is said that every person shall be entitled to a clean, healthy and sustainable environment. An amendment of Article 38 sets the date for the elimination of Riba (interest) from the state level. It substituted the words "as early as possible" to the expression "as far as practicable, by the 1st January 2028" – a date which was given by JUIF.

The proposed amendment in Article 48 says that any advice tendered to the president by the cabinet or the prime minister shall not be inquired into in, or by, any court, tribunal or other authority.
 
Party seeks final nod from Imran Special committee approves draft Bilawal meets Fazl in last-ditch effort
View attachment 73569

Pakistan Tehreek-e-Insaf (PTI) is just a step away from sealing a consensus with Jamiat Ulema-e-Islam-Fazl (JUI-F) over the 26th Amendment draft, according to party chairman Barrister Gohar.

Addressing the media after key talks with Maulana Fazlur Rehman, Gohar stated that the PTI had nearly crossed the finish line and was now waiting on founder Imran Khan's green light.

The PTI's negotiations coincided with the special parliamentary committee's announcement that it had reached a consensus on the 26th Amendment.

"We have almost reached a consensus with Maulana sahib. When Imran Khan provides his input tomorrow, we will present that draft," Gohar said, signalling that the final touches were in progress.

Gohar noted that discussions with the JUI-F leader were held at the request of Imran Khan. "On Imran Khan's request, we have had meetings with Maulana sahib," he stated while addressing the press.

Despite efforts to conclude the talks the previous day, Gohar explained that further discussions had taken place. "We hoped that we would reach a consensus yesterday. Today, we met Maulana sahib to reach that consensus," he continued.

According to Gohar, the fourth draft, which was presented during the talks, was the same one being discussed with the JUI-F.

Gohar further clarified that PTI plans to submit a formal request to meet Imran Khan the following day for his approval of the final draft.

"We have not been allowed to meet Imran for two weeks," Gohar revealed, pointing out the difficulties PTI has faced in accessing its incarcerated leader. He added that even PTI doctors had been denied access to Khan during this time.

"According to his input, we will present our final version," Gohar concluded, signalling that the party was in the final stages of wrapping up the draft once Imran Khan's feedback was incorporated.

Consensus reached, final draft approved

Meanwhile, the special committee of the National Assembly constituted to deliberate on the proposed drafts for the 26th constitutional amendment finally reached a consensus and approved a final draft, setting the stage for its approval from the federal cabinet and the Parliament.

The news about consensus was shared by none other than the committee head, Khursheed Shah, saying the committee has finally finalised the final draft containing 26 amendments.

However, soon after the meeting, the committee members belonging to PTI conveyed their reservations saying that the final approval was linked with a meeting with incarcerated PTI founding chairman Imran Khan.

Since the lobbying started on the proposed 26th constitutional amendment, a flurry of activities has been witnessed on the political chessboard ranging from high-profile meetings to in-camera deliberations and from allegations of wheeling and dealing to alleged abduction of the lawmakers and their family members to complete numbers required for passing the bill.

Friday was no different. Apart from the committee meeting, PPP Chairman Bilawal Bhutto Zardari as well as PTI Chairman Barrister Gohar Khan along with their delegations met with JUI-F chief Maulana Fazlur Rehman to address the concerns regarding the proposed bill and alleged violations of lawmakers and their families' human rights.

Just like the previous month when the government had hurriedly called sessions of both the houses of the Parliament, the two houses remained in session at the same time with fake news circulating that the cabinet session was also in motion and chances are that the committee-approved draft would be stamped by the cabinet and introduced in either house.

However, two cabinet ministers confirmed to The Express Tribune that no cabinet meeting took place on Friday. On Saturday, both the houses will be in session while a cabinet meeting is expected to give approval for the draft approved by the committee.

Nevertheless, amid claims and counterclaims, the 10th meeting of the NA committee concluded deliberations on the drafts presented by the PML-N, PPPP, JUI-F and ANP. The final draft shows that the committee has decided that the Chief Justice of Pakistan (CJP) shall be appointed on the recommendation of a 12-member Special Parliamentary Committee from among the three most senior Judges of the Supreme Court.

The draft says that the committee shall send the name of the nominee to the prime minister who shall forward the same to the president for appointment, adding provided that where the nominee under this clause declines, the next most senior judge shall be considered by the committee and so on till the appointment of CJP.

The proposed Article states that the committee, by the majority of its total membership, within 14 days before the retirement of CJP shall send the nomination. It adds that the first nomination after the commencement of the 26th constitutional amendment shall be sent within three days before the retirement of CJP.

Moreover, an amendment to Article 179 stipulates that the Chief Justice's term shall be three years, or until he resigns, reaches the age of 65, or is removed from office in accordance with the Constitutionwhichever comes first. It further clarifies that the Chief Justice will retire at the end of the three-year term, regardless of reaching the age of superannuation.

Amendment in Article 184 says that "the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause."

High courts have also been barred from doing so. Article 186A empowers the Supreme Court to transfer cases, appeals or other proceedings, pending before any high court to any other high court or to itself.

Insertion of Article 191A states that there shall be as many constitutional benches of the Supreme Court, comprising such judges and for such term, as may be determined by the Judicial Commission of Pakistan, from time to time. Provided, it adds, the constitutional benches may, as far as practicable, comprise an equal number of judges from each province.

It adds that only the constitutional benches shall exercise original, appellate and advisory jurisdiction. Following the passing of the proposed bill, all cases shall stand transferred to the constitutional benches.

Amendment in Article 193 proposes that a person shall not be appointed as a judge of a high court unless he is a citizen of Pakistan, and is not less than 40 years of age. A clause of the bill says that the commission constituted for the judges' appointment shall conduct an annual performance evaluation of judges of the high courts.

Through proposed Article 9-A (clean and healthy environment), it is said that every person shall be entitled to a clean, healthy and sustainable environment. An amendment of Article 38 sets the date for the elimination of Riba (interest) from the state level. It substituted the words "as early as possible" to the expression "as far as practicable, by the 1st January 2028" – a date which was given by JUIF.

The proposed amendment in Article 48 says that any advice tendered to the president by the cabinet or the prime minister shall not be inquired into in, or by, any court, tribunal or other authority.


I believe the thread title is incorrect. Article text suggest that PTI is in loop with Molana on Judicial Reforms. Not PDM led government.
 
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Federal cabinet to mull constitutional amendments as NA, Senate set to convene today


Dawn.com | Sanaullah Khan | Nadir Guramani
October 19, 2024

PPP Chairman Bilawal Bhutto-Zardari and BNP-M chief Akhtar Mengal meet with Maulana Fazlur Rehman at the latter’s residence in Islamabad, on Oct 19, 2024. — X/MediaCellPPP


PPP Chairman Bilawal Bhutto-Zardari and BNP-M chief Akhtar Mengal meet with Maulana Fazlur Rehman at the latter’s residence in Islamabad, on Oct 19, 2024. — X/MediaCellPPP

After multiple delays, the federal government is expected to meet today (Saturday) to mull the much-touted 26th constitutional amendment while the National Assembly and the Senate sessions are also to resume afterwards.

The Constitutional Package is legislation proposing a set of constitutional amendments, including the extension of the chief justice’s term. A special parliamentary committee formed last month — which has the representation of all parties, including the PTI — has been discussing various proposals.

On October 11, the PPP made its proposals public, following which it and the Jamiat Ulema-i-Islam-Fazl (JUI-F) agreed on a shared draft of the amendments.

The federal cabinet was earlier scheduled to meet on Friday evening. However, it was later announced that a special cabinet meeting would take place on Saturday morning to approve the draft bill.

The 9:30am cabinet meeting today was again postponed till 10am, then till 12pm and was then supposed to meet at 2pm, seeing a total of four delays. The session is yet to begin.

According to a statement by the NA on its X account, yesterday’s session of the lower house of the parliament was adjourned till 3pm today. The Constitutional package is not part of the NA agenda, which was shared on X.
 

Consensus status​

While the government earlier seemed confident of introducing the amendment draft in the Senate on Friday, the plans did not materialise after JUI-F chief Maulana Fazlur Rehman threatened to walk out of negotiations over alleged harassment of opposition lawmakers to secure support for the bill.

PPP’s Syed Khursheed Shah, who is spearheading the special parliamentary committee, claimed earlier on Friday that a “unanimous” consensus had been achieved within the body.

However, PPP Chairman Bilawal Bhutto-Zardari later warned that if political parties in the parliament did not reach a consensus, he would push the amendment through parliament using a brute, or two-thirds, majority with coalition ally PML-N.






Meanwhile, PTI Chairman Gohar Ali Khan said his party was close to reaching a consensus with the JUI-F. MNA Malik Amir Dogar said the PTI would make its decision only after consulting its incarcerated founder Imran Khan, who the PTI leaders met at Adiala Jail today.

Gohar, while speaking to the reporters after the meeting, said the PTI leadership will meet Fazl and update the press alongside the JUI-F chief.

The proposed tweaks are aimed at taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.

A major bone of contention was a proposed Federal Constitutional Court, which the PTI opposed and Fazl demanded a constitutional bench instead, which the draft now reportedly mentions.

An earlier attempt last month by the ruling PML-N to bulldoze the amendments did not succeed as it failed to win over the JUI-F and the legislation could not be tabled despite houses being in session.
 

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