Monitoring the manifestos – II: Provincial autonomy and an independent judiciary

The Express Tribune looks at promises made by political parties.


Saba Imtiaz February 22, 2011

KARACHI: In the second part of a seven-part series, The Express Tribune takes a look at the promises made by political parties of ensuring an independent judiciary and working towards provincial autonomy.

Provincial Autonomy

PPP: The PPP manifesto stated the 36 points agreed on in the Charter of Democracy, including “the Concurrent Legislative List will be abolished”.

ANP: Full provincial autonomy with the centre retaining control of defence, foreign affairs, currency, (communications and such other subjects which the federating units agree to).

MQM: The federation should retain the subjects of defence, foreign affairs and currency and all other subjects should fall in the domain of the federating units.

The creation of an inter-provincial council for promoting harmony between federation and the provinces and amongst provinces.

PML-N: Promote unity among the federating units through maximum provincial autonomy and decentralisation of administrative and financial powers to provincial and lower levels.

The Concurrent List in the Constitution will be abolished or drastically curtailed.

JUI-F: The subjects of foreign affairs, defence, currency and inter-provincial communication will remain with the centre; foreign trade will remain with the provinces. The policy will be decided by the federal government.

STATUS: A constitutional reforms committee led by PPP Senator Raza Rabbani put together a package of reforms which led to the passage of the 18th amendment and the abolishment of the concurrent list.

The process of devolution is expected to be completed by June 30, 2011.

INDEPENDENT JUDICIARY

PPP: The PPP is committed to a neutral independent judiciary free of political manipulation. Justice must be fair and blind. From the lower courts to the Supreme Court, the PPP commits its government to a truly independent judiciary.

ANP: The judiciary shall be separated from the executive except where there is a requirement for executive magistrates to carry out non-judicial functions. The judiciary shall have full financial autonomy.

Parallel legal and quasi-legal systems will be abolished so as to ensure a uniform, integrated judicial system in the country.

MQM: The judiciary must be independent, impartial and autonomous to impart justice to the people and establish the rule of law in the society.

Parallel judiciary systems would be abolished to uphold the sanctity of the judiciary and for an effective judicial system.

PML-N: PML-N solemnly pledges to take effective steps to protect the independence and dignity of the judicial system. Two steps mentioned in the manifesto are as follows:

Appoint a judicial commission comprising eminent jurists, judges, parliamentarians, representatives of lawyers and civil society to recommend and supervise restructuring and reforms of the judicial system.

The system of appointment of judges will be reformed to ensure appointments on merit alone and in a transparent manner.

JUI-F: The judiciary will be independent.

The ways to obtain justice will be made easy and free.

The appointment of judges will be done according to the standards set in the Quran, Sunnat, Shariah and Seerat.

STATUS: The government decided to reinstate the deposed chief justice of the Supreme Court of Pakistan and Supreme Court justices on March 15, 2009.

Rumours that the executive order for their restoration was being withdrawn last October led to a late-night statement from all 17 justices that clarified that the notification could not be withdrawn.

No ‘parallel’ judiciary systems have been abolished in Pakistan.

Criteria for the appointment of judges has been finalised by a parliamentary committee.

A December 2010 report by the International Crisis Group recommended that the higher judiciary should, “Respect the separation of powers enshrined in the constitution by:

Limiting the Supreme Court’s use of suo motu powers to extreme cases of fundamental rights violations;

Strictly interpreting Article 184 of the constitution to provide a clear definition of “public interest” that would prevent its broad use or abuse; and

Prohibiting the provincial high courts from taking suo motu action, in accordance with the constitution.”

Published in The Express Tribune, February 22nd, 2011.

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