ISLAMABAD – The coalition government, in its second attempt to pass the 26th constitutional amendment, on Saturday could not evolve consensus to move the draft in the national assembly for legislation. The national assembly proceedings started at midnight and abruptly adjourned to meet today morning (11:30am) without discussing a single agenda in the House. The schedule for the proceeding of the lower house of the parliament, in a single day, changed the schedule of the proceeding for record four times. It is likely from the development of calling a federal cabinet meeting at mid night that the government would land the constitutional package on the floor of the house today.
JUI-F’s chief Maulana Fazlur Rahman residence remained in the spotlight throughout the day, which clearly reflected the importance of his party’s vote to pass the amendment with 2/3 majority in the house (224 MPs).
With back-to-back political parleys by the opposition and government members with relgio-political party chief, Prime Minister Shehbaz Sharif also contacted JUI-F chief to discuss for 26th amendment draft. Rehman’s residence with different intervals in the day saw hustle bustle as senior members from PTI and ruling clique kept visiting him to take his favour.
PPP’s chairman Bilawal Bhutto Zardari, Minister for Interior Mohsin Naqvi, Minister for law Azam Nazeer Tarar ,BNP (Mengal) Sardar Akhtar Mengal and other senior politicians kept visiting JUI-F’s chief to discuss different clauses of the draft.
The fast changing scenario made the matter bit ambiguous, as it was unclear that the government would be able to secure a magic number for two third majority in the house.
Though the senior PML-N’s MPs claimed to have required strength (two-third majority) to approve the constitutional draft, yet the frequent visits of the ruling clique cleared the importance of JUI-F’s votes (08 in the National Assembly 05 in the Senate).
On Friday, though the Special Committee on constitutional amendment claimed to approve the 26thconstitutional amendment draft unanimously, the back-to-back meetings of ruling clique with JUI-F’s chief Maulana Fazlur Rahman dispelled this impression.
PTI’s Barrister Gohar Ali Khan ,in a media talk, claimed that former prime minister Imran Khan praised MaulanaFazlur Rehman for his support in standing up for judicial independence, even in tough times. He claimed that Maulana stands with the opposition in the matter of amendment.
The amendment draft has also yet to move a constitutional package in the federal cabinet to discuss the much-hyped constitutional amendments following the approval of itsdraft after month-long deliberations.
The available copy of the approved draft in the special committee the other day (Friday) has proposed over a dozen changes mainly related to judiciary.
According to the draft, the proposed constitutional draft includes the addition of Article 9A(clean and healthy environment) and amendments to Articles 38 (promotion ofsocial and economic well-being of the people), 48 (president to act on advice,etc), and 81 (expenditure charged upon Federal Consolidated Fund) of theConstitution.
It says, no court will be able to question the recommendations sent to the president or the prime minister by the cabinet. The draft also includes a proposal to increase the number of members in the Judicial Commission of Pakistan by amending Article175A (appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court).
The proposal includesthe inclusion of the chief justice along with four senior-most judges of theSupreme Court in the judicial commission, as well as two members each from theNational Assembly and the Senate.
It says, the law minister, the attorney general for Pakistan, and a nominee from the Pakistan Bar Council will also be members of the commission, with one member each fromthe National Assembly and the Senate representing both the government and the opposition.
The draft of theproposed 26th constitutional amendment comprises 26 amendments. It also suggests the establishment of a constitutional bench. It added that the judicial commission would determine the number of constitutional benches andjudges, ensuring that, where possible, equal representation of judges from all provinces is maintained in the constitutional benches.
It has been proposed that the constitutional benches will hold the power of suo motu jurisdiction under Article 184 (original jurisdiction of Supreme Court). Additionally, cases related to the interpretation of the Constitution will fall within the jurisdiction of the constitutional benches as outlined in Article 185 (appellate jurisdiction of Supreme Court).
