Legal challenges mount against proposed tweaks

Ex-senator Khokhar urges IHC to make draft public; Balochistan bar also joins the fight

ISLAMABAD:

As the ruling coalition government pushes forward with its planned constitutional amendments, it continued to face fresh challenges on Wednesday from legal quarters, with demands calling for greater transparency in the process.

Former senator Mustafa Nawaz Khokhar filed a petition in the Islamabad High Court (IHC), seeking an order to make the draft of the proposed constitutional amendment public and to allow the public to voice their opinions before it is passed.

In his writ petition, Khokhar has named the federal government, represented by the secretary of law and secretary of the Cabinet Division, as respondents.

The petition argues that, similar to the 18th Constitutional Amendment, public opinion should be sought before any new amendment is passed.

Khokhar stated that rushing a constitutional amendment through parliament in a single day contradicts democratic and parliamentary principles.

The petition further points out that the National Assembly's own rules require any proposed legislation to be published in the official gazette, and at least eight weeks should be given to the public to offer feedback on the amendment.

"Such public consultation is necessary and in the public interest as ministers of the respondent government have claimed," the petition contended.

The petition also cited Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which stipulates that every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions to take part in the conduct of public affairs, directly or through freely chosen representatives.

Article 25(a) of the ICCPR grants individuals the right to take part in the conduct of public affairs, not only through their representatives but 'directly'.

"It would be consistent with Article 19A of the Constitution and in accordance with Pakistan's binding international obligations for the people to be allowed an opportunity to participate in the conduct of public affairs which includes the exercise of legislative, executive and administrative powers," the writ petition reads.

The petition prays the IHC to direct the government to forthwith officially publish the constitutional package and/or any draft constitution amendment bill intended to be introduced in parliament, for prior public consultation for a minimum period of eight weeks.

The petition urged the IHC to order the government to publish the constitutional amendment draft on the official website of the law ministry. Additionally, it sought to prevent the government from presenting the constitutional package until the requested public consultation has been conducted for the minimum period specified.

The petition also called for the government to submit a compliance report to the court, detailing all public feedback received in response to the consultation, within 10 days of its completion.

The petition requests any other relief that the court may find suitable based on the case's facts and circumstances.

Meanwhile, another legal challenge has surfaced in the Supreme Court, where the Balochistan Bar Council has filed a petition against the proposed amendments.

The petition names the federal government, the four provincial governments, the prime minister, the president, and others as respondents.

The Balochistan Bar Council contends that the proposed amendments undermine the independence of the judiciary and violate the principle of the separation of powers.

It argues that such amendments can only be considered when parliament is fully constituted and requests the Supreme Court to suspend any legislative action on the amendment as soon as the bill is introduced in parliament.