Govt bent on trying to even the odds

Committee comprising bar representatives to deliberate on proposals for significant changes to the judicial system

ISLAMABAD:

After failing to secure the support of one of its former allies, the JUI-F, for passing a controversial constitutional amendment package in parliament, the ruling party has finally moved to address the concerns of the legal fraternity.

Key representatives of the legal community will now review the proposed amendments and share their recommendations.

During a meeting between Federal Law Minister Azam Nazeer Tarar and representatives of the Supreme Court Bar Association (SCBA), it was agreed that a committee comprising bar representatives will deliberate on the proposals for significant changes to the country's judicial system, including the formation of a Federal Constitutional Court.

The committee will include the vice chairman and executive committee chairman of the Pakistan Bar Council; the president and general secretary of the SCBA and the vice chairmen and executive committee chairmen of the provincial bar councils.

The committee will submit its report in seven days. It was agreed that in the final draft of the amendment package, the proposal of the legal fraternity will be incorporated.

After the meeting, the SCBA also issued a statement, which while acknowledging that parliament has the authority to amend the Constitution also noted that such amendments should not violate the basic structure of the Constitution.

The bar declared that the final draft of the constitutional amendments will be shared with the committee of lawyers' representatives.

The statement said formation of a constitutional court should be done after consultation with lawyers, and the SCBA's petition against the judicial decision on Article 63-A should be scheduled for a hearing.

No one other than the elected representatives of the lawyers has the authority to call for a strike, it said.

Earlier, while addressing representatives of various lawyers' organizations, Tarar stated that legislation within constitutional limits is the prerogative of parliament.

He said the proposed Federal Constitutional Court would have representation from all federal units. He said both the PML-N and the PPP had signed the Charter of Democracy, which emphasized the need to simplify the system of delivering justice.

"The demand for establishing a constitutional court was originally made in the Charter of Democracy, signed by former prime ministers Nawaz Sharif and Benazir Bhutto. It has also been a longstanding demand of legal organizations, coalition parties, and other state institutions."

The minister said after receiving approval from the federal cabinet, the constitutional amendment would be presented in parliament, where it requires a two-thirds majority to pass.

He noted that one of the purposes behind establishing the Federal Constitutional Court is to define the suo motu powers under Article 184, with representation from all federal units in the proposed court.

He said these reforms are also part of the PML-N's manifesto, and its leader, Nawaz Sharif, had expressed the desire to introduce a comprehensive package to ensure access to justice for ordinary people and to reform the judicial system, whose ranking had been declining.

"The prime minister of Pakistan subsequently formed a Judicial Reforms Committee, which included representatives from not only political parties but also bar councils and bar associations."

He said the PPP had emphasized completing the unfinished agenda of the Charter of Democracy during talks after the February 8 general elections, and this work started in that context.

"Some members of the PPP's legal team and I, representing the PML-N, were entrusted with this responsibility. The government, which is not led by PML-N alone, also took into account the long-standing demands of the bar, the demands of the Charter of Democracy, and the demands of coalition parties and state institutions." He said the failure to eliminate terrorism is largely due to weaknesses in the justice system, despite the sacrifices of our youth.

Addressing the audience, senior lawyer and PPP leader Senator Farooq H Naek said the establishment of a constitutional court is the need of the hour. He noted that many Western democracies already have constitutional courts in place.

He proposed that a committee be formed to present the objectives and overall framework of the proposed court in the national interest. "Once the committee's recommendations are shared with the bar councils, the court can be formally established," he said.

Consultations underway

Meanwhile, Federal Minister for Information Attaullah Tarar on Wednesday said extensive consultations with all political parties on the proposed constitutional package are underway.

"All the political parties have tried to reach a consensus on the draft bill both inside and outside parliament. The parties on both sides of the aisle in the parliament have held thorough discussions on the constitutional amendments," he added.

Tarar said the role of the law minister in the drafting of constitutional amendments and engaging all political forces is highly commendable.

WITH INPUT FROM APP