Pakistan Constitutional Amendments:

Law minister presents 26th Constitutional Amendment in Senate​

Azam Nazeer Tarar shares proposed Judicial Commission would be chaired by a SC judge, include four parliament members

News Desk
October 20, 2024

photo app file

PHOTO: APP/FILE

Federal Law Minister Azam Nazeer Tarar presented the 26th constitutional amendment bill in the Senate on Sunday, seeking to reform the process for judicial appointments.

During his address, he stated that a committee had been established at the Speaker's directive to thoroughly review the amendment. He urged the Senate to take up the bill, which has been included in the supplementary agenda.

The law minister highlighted that the procedures for appointing judges to the higher judiciary were introduced in the 18th Amendment to ensure transparency. He mentioned that a parliamentary committee was empowered to block any nominations.

However, he noted that a petition was filed in the Supreme Court, leading to an urgent 19th Amendment that altered the composition of the Judicial Commission, shifting its focus towards one institution.

"Bar Councils expressed concerns regarding the procedures for appointing judges of the higher judiciary," Tarar said, adding that the Supreme Court Bar Association demanded an amendment to Article 175(3) of the Constitution. He outlined that the proposed Judicial Commission would be chaired by a Supreme Court judge and include four parliament members.

The Chief Justice and judges from the constitutional court will also be part of the commission. "The Judicial Commission will have the authority to form constitutional benches," he added.

Additionally, Tarar stated that the cabinet had decided to vote on amendments proposed by Jamiat Ulema-e-Islam (JUI) to foster broader consensus during the 18th Amendment discussions. He also mentioned that the Speaker of the National Assembly would recommend a non-Muslim representative for the commission.
 

After PTI, BNP-M claims lawmakers under pressure to vote for ‘constitutional package’

Nadir Guramani
September 14, 2024

In this file photo, BNP-M chief Akhtar Mengal speaks at the National Press Club in Quetta. — White Star


In this file photo, BNP-M chief Akhtar Mengal speaks at the National Press Club in Quetta. — White Star

The chief of the Balochistan National Party-Mengal (BNP-M), Akhtar Mengal, has claimed that two senators of his party were being “pressurised” to vote in favour of a highly anticipated “constitutional package”.

The “constitutional package” is a set of proposed amendments to the Constitution that aims to — among other things — fix the tenure of the chief justice of Pakistan (CJP) at three years.

With sessions of both houses of the parliament summoned this evening (Saturday) with only an hour’s gap, the legislation seems set to be introduced in the parliament today.

A constitutional amendment is passed or rejected through open ballot, in which those who go against their parties’ stance cannot conceal their vote.

While speaking to DawnNewsTV programme Doosra Rukh on Friday, the BNP-M leader said that the houses of two of his party’s senators were being raided.

“There is Senator Muhammad Qasim whose house was raided and even now, in Karachi, intelligence agencies’ cars are patrolling his house,” Mengal alleged.

“Our second senator Nasima Ehsaan has said that her relatives and her husband are being pressurised,” he added.

He said Ehsaan was threatened that her property would be confiscated, adding that the government was only having “this kind of communication” with the party.

“But no formal communication took place,” the BNP-M chief said.

Mengal added that the government wanted to bring about the constitutional amendment by either keeping the people unaware of it or by using force.

Opposition parties — including the PTI, BNP-M and Jamiat Ulema-i-Islam-Fazl (JUI-F) — have warned their members that they could be unseated from parliament if they voted in favour of the proposed constitutional package.

Speaking to reporters, PTI Chairman Barrister Gohar Ali Khan stated that since there was no cabinet meeting to approve the constitutional package, it could not legally be presented in the National Assembly.

“According to Rules 16 and 27 of the Rules of Business, the government has to move the bill through the parliament and ministry of law and then present it to the cabinet,” Gohar said. “If the cabinet approves the bill, it has to be approved by the PM and be presented to parliament.”

“However, there was no cabinet meeting to approve the bill, nor was it on the agenda,” he argued. “The bill therefore cannot be moved; it is illegal and contravenes the Rules of Business and the Constitution.”

The PTI chairman lamented that the opposition had “demanded that the government make legislation in the open,” but they were not doing that.
Earlier this week, senior PTI leader Asad Qaiser accused the government of using strong-arm tactics to bully its opponents into supporting the constitutional package, hours before before police took the PTI’s top leadership into custody over a case pertaining to its Sept 8 rally.

Speaking on a point of order in the NA on Monday, Qaiser had said his party’s lawmakers were being “coerced” to support the government’s legislative package and asked deputy speaker Ghulam Mustafa Shah to intervene.

“We have been receiving complaints from our MNAs. They are constantly receiving threats. They are being coerced to support a legislative package which the government is bringing [to the parliament],” said Qaiser, who had served as the NA speaker during the Imran Khan government.

He had also alleged that some opposition members were being lured with different offers.
Pakistanis biggest problem is being soft hearted


Head thos replaying with constitution previously being hung this would n ver happened


And you know why people dont come out because they know at the end of the day those people will be forgiven and thise died will be forgotten even by imran khan

I would advise people to stay at home untill you find a leader whose promises to be ruthless in justice not ready to do deals left and right

Anyway my prediction on the problem has been spot on..imran khan will be released by bilawal bhutto in 2033 due to poor health
 
has the Supreme Court been rendered defunct yet?
 

PTI boycotts NA sessions​

Meanwhile, the PTI, according to a statement released by its media cell, said that the party’s political committee has decided to boycott the voting process in both houses of the parliament, in case the government tabled the constitutional amendments today.

PTI leader Zulfi Bukhari, in a conversation with Dawn.com, said that the party will attend both sessions of the parliament today, but will not vote for the amendment.

“The party will abstain from voting and record their protest while sitting in the parliament”, Bukhari said.

Meanwhile, PTI Chairman Gohar Khan told Dawn.com separately that the party will meet JUI-F Chief Maulana Fazlur Rehman today to discuss the matter.

A day prior, the party had held a meeting with Fazl as per PTI founder Imran Khan’s instructions.

According to Fazl, he had received a “positive response” from Imran regarding the constitutional amendment.

Thanking Imran for his “positive response”, the Maulana said it was through him that the PTI and its leadership were kept informed about the developments with regard to the constitutional amendment package. He had expressed the hope that PTI would come up with its reply on Sunday.
The best course of action for the PTI is to boycott the National Assembly. Let this “pass” and then when PTI returns to power, call this and any PDM era policies and amendments null and void. Delegitimization of the current rubber stamp parliament, a facade of democracy is the best course of action.
 
Anyway my prediction on the problem has been spot on..imran khan will be released by bilawal bhutto in 2033 due to poor health
Or next year when Trump comes to power and the Pakistani American community lobbies hard for PTI with Trump.
 
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The best course of action for the PTI is to boycott the National Assembly. Let this “pass” and then when PTI returns to power, call this and any PDM era policies and amendments null and void. Delegitimization of the current rubber stamp parliament, a facade of democracy is the best course of action.

IK is going to military courts now for sure
 
yes , done RIP Pakistan
thus the curtains fall on an Institution as old as Pakistan itself. Even though it had its controversial moments, it had nevertheless been the final beacon of hope for many Pakistanis for the establishment of fundamental rights, when all else failed.

Let us pay homage to this Institution and hope that one day, it shall stand restored to its former glory.
 
IK is going to military courts now for sure

PTI leadership needs to convince IK on cutting a deal, what is the point of 72 years old Imran Khan being in jail for 10+ years. Is that what he deserves from the people of Pakistan and PTI?
 
PTI stand alone yet again. How is 26th amendment bad when even small ethnic nationalist parties from smaller provinces are supporting?
 
thus the curtains fall on an Institution as old as Pakistan itself. Even though it had its controversial moments, it had nevertheless been the final beacon of hope for many Pakistanis for the establishment of fundamental rights, when all else failed.

Let us pay homage to this Institution and hope that one day, it shall stand restored to its former glory.

According to the constitution, the military, government/parliament and Judiciary is Independent from each other but today the establishment of constitutional breaks the constitution, this happened before aswell during Raheel Sharif time when military courts were set up, many parties and people who oppose constitutional court supported military courts. I am surprised how quiet international media and courts are, before Usa judges used to condemn Pakistan if they bullied the judiciary but today everyone is quiet.
 

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