SC to Hear Constitutional Amendments Challenge

The Supreme Court of Pakistan has formed a three-member bench to hear a petition challenging proposed constitutional amendments, with proceedings scheduled for October 17. The bench, headed by Chief Justice Qazi Faez Isa, includes Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.

The petition, filed by Abid Zuberi, opposes the federal government’s plan to pass a bill in parliament aimed at amending the constitution, particularly regarding judicial reforms. The amendments, spearheaded by the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP), have faced strong resistance from the Pakistan Tehreek-i-Insaf (PTI)-led opposition.

A key point of contention is the establishment of a federal constitutional court that would assume the Supreme Court’s role in constitutional matters, with the Chief Justice appointed by the prime minister. The amendments also propose limiting the tenure of the Chief Justice to a fixed three-year term.

Additionally, the amendments suggest setting up provincial constitutional courts, each with its own Chief Justice, and creating a constitutional commission to oversee judicial appointments. Another proposed change to Article 63-A would allow defecting lawmakers’ votes to be counted, a move critics argue could undermine party loyalty.

One of the most debated aspects of the proposal is the revision of Article 48, which would grant the prime minister immunity from legal challenges over advice given to the president. An amendment to Article 239 would prevent courts from questioning constitutional amendments passed by parliament.

Negotiations are ongoing, with the JUI-F, led by Maulana Fazlur Rehman, playing a pivotal role. The federal government and PPP need JUI-F’s support to secure the majority required to pass the amendments.