PCCR ponders ways to implement court order
Parliamentary Committee on Constitutional Reforms decides to explore options on SC's interim order on 18th amendment.
ISLAMABAD:
The Parliamentary Committee on Constitutional Reforms (PCCR) has decided that it will explore ‘various’ options for implementing the Supreme Court’s order on appointment of judges to the higher judiciary.
Last month, the court had asked the Parliament to amend a two-pronged criterion for appointing judges that the PCCR had evolved earlier in the year through inserting Article 175(A) in the 18th Amendment.
Law Minister Babar Awan last week told the media that bringing another constitutional amendment (19th) was the only way to accommodate the court’s suggestions.
But, PCCR Chairperson Senator Raza Rabbani said on Wednesday that the panel would also consider other options.
After a brief meeting, Rabbani said: “There are several ways to implement the court’s order … bringing another constitutional amendment is one of them. We will see which one is to be adopted.”
The court, in its interim order, had asked the Parliament to amend the mechanism of appointment in such a way that it gives the chief justices a final say in nominating judges to be selected.
In its last meeting early this month, the committee decided to implement the court’s order in its spirit, though there was some opposition from various political parties.
On Wednesday too, members from the Jamaat-i-Islami (JI) and Awami National Party (ANP) proposed to consider all other issues that were left out in the 18th amendment, if another one had to be brought in.
But, participants of the meeting told The Express Tribune, Rabbani advised them not to force the committee to open the Pandora’s box.
The PCCR had to cut short its proceedings because some members, including Senator Wasim Sajjad who defended the constitutional amendment in the Supreme Court, couldn’t attend the meeting. The committee will continue its deliberations on Thursday.
Rabbani said that he could not give any timeframe for completion of the task assigned to it, but added that the panel would do it as soon as possible.
Meanwhile, Rabbani told both the houses of Parliament that the task of handing over various ministries to provinces will be accomplished in three phases and the process will be completed by June 30, 2011.
Giving a policy statement first in the Senate and later in the National Assembly on Wednesday, he said that by the first week of December 2010, five ministries will be devolved while five more will be devolved by the first week of February 2011.
He did not say who would meet the additional financial burden on the provinces following the devolution but said that the commission, which has held 19 meetings so far, had decided that during or after the process of devolution, existing employees of these ministries and divisions will be retained. He said that it will be ensured that the terms and conditions of their service were not varied to their disadvantage and that they will be adjusted in the provincial and federal governments appropriately.
He said the process of devolution has been divided basically into three segments of administrative, legal and financial functions, including assets and liabilities.
(WITH ADDITIONAL REPORTING BY IRFAN GHAURI)
Published in The Express Tribune, November 11th, 2010.
The Parliamentary Committee on Constitutional Reforms (PCCR) has decided that it will explore ‘various’ options for implementing the Supreme Court’s order on appointment of judges to the higher judiciary.
Last month, the court had asked the Parliament to amend a two-pronged criterion for appointing judges that the PCCR had evolved earlier in the year through inserting Article 175(A) in the 18th Amendment.
Law Minister Babar Awan last week told the media that bringing another constitutional amendment (19th) was the only way to accommodate the court’s suggestions.
But, PCCR Chairperson Senator Raza Rabbani said on Wednesday that the panel would also consider other options.
After a brief meeting, Rabbani said: “There are several ways to implement the court’s order … bringing another constitutional amendment is one of them. We will see which one is to be adopted.”
The court, in its interim order, had asked the Parliament to amend the mechanism of appointment in such a way that it gives the chief justices a final say in nominating judges to be selected.
In its last meeting early this month, the committee decided to implement the court’s order in its spirit, though there was some opposition from various political parties.
On Wednesday too, members from the Jamaat-i-Islami (JI) and Awami National Party (ANP) proposed to consider all other issues that were left out in the 18th amendment, if another one had to be brought in.
But, participants of the meeting told The Express Tribune, Rabbani advised them not to force the committee to open the Pandora’s box.
The PCCR had to cut short its proceedings because some members, including Senator Wasim Sajjad who defended the constitutional amendment in the Supreme Court, couldn’t attend the meeting. The committee will continue its deliberations on Thursday.
Rabbani said that he could not give any timeframe for completion of the task assigned to it, but added that the panel would do it as soon as possible.
Meanwhile, Rabbani told both the houses of Parliament that the task of handing over various ministries to provinces will be accomplished in three phases and the process will be completed by June 30, 2011.
Giving a policy statement first in the Senate and later in the National Assembly on Wednesday, he said that by the first week of December 2010, five ministries will be devolved while five more will be devolved by the first week of February 2011.
He did not say who would meet the additional financial burden on the provinces following the devolution but said that the commission, which has held 19 meetings so far, had decided that during or after the process of devolution, existing employees of these ministries and divisions will be retained. He said that it will be ensured that the terms and conditions of their service were not varied to their disadvantage and that they will be adjusted in the provincial and federal governments appropriately.
He said the process of devolution has been divided basically into three segments of administrative, legal and financial functions, including assets and liabilities.
(WITH ADDITIONAL REPORTING BY IRFAN GHAURI)
Published in The Express Tribune, November 11th, 2010.