PML-N, PPP's call for FCC wins more support
The Awami National Party (ANP) has thrown its weight behind the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) proposals regarding the establishment of a Federal Constitutional Court (FCC), declaring the creation of the FCC as "justified".
The ANP, on Monday, while submitting a one-page draft in response to the government's proposals suggested that the province's name should simply be "Pakhtunkhwa," omitting "Khyber".
In addition, the party proposed an amendment in Article 172(3) by stating that: "Parliament shall by law provide for the equal representation of the federal and respective provincial governments in the management, administration and regulation of mineral oil and natural gas."
Through an amendment in Article 176, ANP has proposed that "all provinces shall have equal number of judges in the total strength of the Supreme Court."
Responding to the proposals of PML-N and PPP in Article 175(B), ANP's draft read that the "creation of provincial constitutional court is absolutely fanciful and absurd creating unnecessary fiscal burden."
The party maintained that the high courts are already assisted by a number of tribunals, including the provincial services tribunal, the Khyber Pakhtunkhwa revenue authority appellate tribunal, the Khyber Pakhtunkhwa public procurement authority appellate forum, and the environmental tribunal, among others.
"Unlike high courts," the draft read, "Supreme Court bears the burden of cases from all high courts thus creation of a federal constitutional court is justified."
However, it maintained, "clear contours of the jurisdiction of the Supreme Court and FCC needs to be provided in the constitution."
As opposed to the government's proposal regarding an amendment in Article 179, which deals with the retiring age of the chief justice of the Supreme Court, ANP said that the tenure of three years for the chief justice was against the constitutional norms and discriminatory, thus, "not acceptable."
"Moreover," the party said, "it appears person specific."
The government has proposed a new proviso in Article 179, which states: "provided that the term of the Chief Justice of the Supreme Court shall be three years or unless he sooner resigns or attains the age of sixty-five years or is removed from his office in accordance with the Constitution, which is earlier."
ANP has also said that the government-proposed amendment in Article 186-A is not acceptable as it renders the high court "worthless" and too subservient despite being a constitutional court.
The government's draft had suggested the substitution of Article 186-A (power of the Federal Constitutional Court and Supreme Court to transfer cases) of the Constitution.
It proposed that: "The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings, other than the proceedings under Article 199, pending before any High Court to any other High Court." Clause 2 states: "The Federal Constitutional Court shall have the power to transfer any proceedings instituted under Article 199 before any High Court to any other High Court or to itself."
Regarding the government-proposed amendment in Article 193 of the Constitution, which states that "A person shall not be appointed as a Judge of a High Court unless he is a citizen of Pakistan and does not hold citizenship of a foreign State, is not less than forty years of age", ANP said that age of 40 years for a judge to be appointed as judge of the high court compromise the quality and integrity of the high courts.
The party's response regarding the composition of the commission, which will deal with the process for the appointment of the judges of the high courts and the FCC, the ANP said that it was somehow balanced as an equal number of members comes from the judiciary and executive while bar Council appears to be the casting vote.
Committee meeting
Meanwhile, the seventh meeting of the special committee tasked with deliberating proposed constitutional amendments ended on a bitter note.
Tensions flared between leaders of the PTI and ANP, with accusations directed at the PTI for allegedly not contributing in writing and attempting to "deliberately delay" proceedings past the critical October 25 deadline.
At the fag end of the meeting, sources within the committee revealed, ANP's Aimal Wali Khan said it seemed that PTI didn't want to move ahead as it hasn't contributed anything yet and was purposely delaying things.
The sources said that he went on to say that PTI was simply wasting the time of the committee.