Amendments must not violate Constitution's core features, warn lawyers

Lawyer bodies demand that the final draft be shared with the lawyers' representatives before its approval

ISLAMABAD:

Supreme Court Bar Association (SCBA) President Shehzad Shaukat, during the All Pakistan Lawyers' Representative Meeting in Islamabad on Wednesday, highlighted that while the parliament holds the authority to amend the Constitution, any such changes must align with its fundamental principles.

Reading the joint declaration of the SCBA and the Pakistan Bar Council, Shaukat underscored, "No amendment should conflict with the core features of the constitution." He also announced the formation of a committee composed of representatives from various lawyers' councils to review the proposed amendments and ensure they are constitutionally sound.

The declaration called for transparency in the amendment process, demanding that the final draft be shared with the lawyers' representatives before its approval. Furthermore, it asserted that only elected representatives of the legal community have the right to call for strikes.

Regarding the proposal to establish a constitutional court, the declaration stressed that this matter should proceed only after consultation with the legal community. It also urged the Supreme Court to schedule a hearing on the SCBA’s petition challenging the court’s decision on Article 63-A.

Shaukat expressed his disappointment at the absence of some dissenting lawyers from the meeting, stating, "It would have been constructive if those with differing views had attended and questioned the Federal Law Minister directly."

Responding to the declaration, Federal Law Minister Azam Nazeer Tarar acknowledged the lawyers' suggestions, assuring that they would be presented to the parliamentary committee. "Your suggestions are valuable, and I will ensure they reach the parliamentary committee. The goal of the judicial reforms is to guarantee justice for the common citizen," he said.

Tarar confirmed that the draft of the proposed amendments had already been shared with the Pakistan Bar Council, the SCBA, and other legal bodies, and that it would soon be published on the ministry’s website. He expressed gratitude to the legal community for their cooperation.

Addressing concerns over the proposed constitutional court, Tarar clarified that the appointment of its head remains undecided. He also revealed that a proposed amendment regarding the trial of civilians in military courts was dropped due to opposition from the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan People’s Party (PPP).