Draft amendments are just proposals, says Law Minister Tarar

Farooq H. Naek stresses the importance of a constitutional court

Law Minister Azam Nazeer Tarar clarified on Wednesday that the constitutional amendment package circulating in public is merely a draft of proposals and cannot yet be considered final.

He made these remarks while addressing a Pakistan and Supreme Court Bar Association event in Islamabad.

"The circulating draft of constitutional amendments is just a set of suggestions. The purpose of establishing a constitutional court is to define the scope of suo motu notices under Article 184, as there was a surge in such notices between 2009 and 2013, and again in 2018 and 2019," Tarar said, adding that a judge hearing the Benazir Bhutto case had even received threats.

He explained that the proposed amendments would ensure representation from all federal units in the court. "Legislation within constitutional limits is parliament's prerogative. Until the government approves it, it cannot be considered a bill," Tarar emphasised.

Referring to the 2006 Charter of Democracy signed by the Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N), Tarar said it had agreed to simplify judicial laws, which was also a demand of the legal community. He revealed that negotiations on constitutional amendments had taken place with the PPP between January and March, and both parties had agreed to complete the unfinished agenda of the 18th Amendment.

Tarar reiterated that amendments are presented in parliament after cabinet approval and require a two-thirds majority to pass. He also referenced the late human rights lawyer Asma Jahangir’s proposal for a constitutional court, which included nine members and provincial representation.

Meanwhile, PPP leader and Chairman of the Executive Committee of the Pakistan Bar Council, Farooq H. Naek, speaking at the All Pakistan Lawyers Convention, stressed the importance of a constitutional court. “The constitution is a living document. The Supreme Court recognises that parliament has the authority to amend the Constitution, but no one knows the details of this constitutional package.”

Naek highlighted that constitutional courts exist in several countries, such as Indonesia and Russia, and noted that when constitutional matters are brought before the Supreme Court, other cases suffer delays. He called for the creation of a small lawyers' committee to draft amendments that would benefit both democracy and the public.

The conference concluded with calls for a robust constitutional court to address legal matters efficiently.