Pakistan

18th amendment under review... again

constitutional reforms committee decided to review judges appointment procedure on the Supreme Court's order.

Express November 01, 2010

ISLAMABAD: Senator Raza Rabbani chaired a meeting of the parliamentary committee for constitutional reforms at the Parliament House today (Monday) to tackle and seek a solution to the long standing 18th amendment issue.

In the meeting, the constitutional reforms committee decided to review judges appointment procedure on the Supreme Court's order. The meeting was attended by the representatives of all political parties and is expected to reconvene on November 10.

Committee members

PPP has nominated Syed Nayyer Hussain Bukhari and Senator Kazim Khan for the Parliamentary Committee that would review the appointment of superior court judges. Earlier, the PML-Q had nominated party president Chaudhry Shujaat Hussain and Senator Wasim Sajjad. PML-N Leader of the Opposition, Chaudhry Nisar Ali Khan is yet to suggest any names.

Background

On October 22, the Supreme Court sent Article175-(A) of the Constitution back to parliament with certain recommendations to amend it again.

When the case was being heard by the court the government representatives defended the 18th amendment and argued that parliament has the supreme right to amend the constitution and that no institution could undo it. It is likely that some parties represented in the committee will continue with this stance.

“I believe that it is the sole prerogative of the parliament to amend the constitution,” said Haji Adeel who represents the ANP in the constitutional reforms committee. He said that the 18th amendment was passed by parliament through a consensus.

In its interim order, the Supreme Court wrote that Article 175-A should be amended in a manner that “in all cases of an anticipated or actual vacancy a meeting of the Judicial Commission shall be convened by the Chief Justice of Pakistan in his capacity as its chairman and the names of candidates for appointment to the Supreme Court shall be initiated by him, of the Federal Shariat Court by the Chief Justice of the said court and of the high courts by the respective chief justices”.

COMMENTS (5)

Sultan Ahmed. | 13 years ago | Reply Procedure, it must be impartial, free from pressure by any side, open a new tradition in the history of the country, so that people of Pakistan remember to long time.

Rana Umair | 13 years ago | Reply Whats the big deal? Parliament is supreme in making laws and the supreme court can send a law back to the parliament if feels it is against the basic structure of the constitution. (Not saying that the 18th amendment was or was not against the basic structure). I feel supreme court exercised its authority and now the parliament can review it, change it a bit and send it back. This is how institutions work all around the world. We lag behind when it comes to the proper functioning of institutions so i feel this process is vital fro democracy.