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Wednesday, September 18, 2024  
13 Rabi ul Awal 1446  

Govt, opposition court Fazl as ‘constitutional package’ set to roll through Parliament

Government accepts JUI-F demand for not giving extension to CJP Qazi Faez Isa, say sources
Two-thirds majority obtained in National Assembly, the govt claimed - Aaj News

Members from the treasury and opposition benches courted JUI-F chief Maulana Fazlur Rehman as the “constitutional package” set to roll through Parliament on Sunday (tomorrow), sources said.

The desired legislation for the three-year tenure of the CJP needs 224 votes in the National Assembly for its passage and the ruling coalition is short of 12 votes. If the JUI-F gives a nod to the proposed law, the government will still need four to five more votes in the National Assembly.

Prime Minister Shehbaz Sharif has asked PML-N lawmakers and his coalition partners to ensure their attendance in the august houses tomorrow. It was revealed during a dinner hosted for MPs in Islamabad.

To counter the government’s plans, Imran Khan’s party has also consulted other opposition parties regarding potential legislation.

It was expected to be tabled in Parliament on Saturday, however, the government postponed it for one day.

Speculation intensified after Prime Minister Shehbaz Sharif instructed members of the PML-N and its allies to remain in Islamabad until Monday, indicating that the constitutional amendment bill would not be presented on Saturday.

Government accepts Fazl’s demands: sources

According to sources, the government has accepted Fazl’s demand not to grant extensions to any judges, reaffirming the decision not to increase the chief justice of Pakistan’s retirement age.

It was decided during a meeting between Law Minister Azam Nazeer Tarar and Fazl in Islamabad.

Additionally, the government is bringing forth amendments to establish a constitutional court, with the CJP being appointed from among the Supreme Court judges.

The constitutional amendment is expected to be presented “following the return of certain individuals from abroad,” sources said.

One of the amendments will pertain to the appointment process of the CJP, which will involve sending a panel of five senior judges to the government for consideration for the new chief justice position. The government will ultimately decide which of the five senior judges will be appointed as the CJP.

Another amendment will address the appointment of high court judges, allowing for any high court judge to be appointed anywhere in the country. Notably, the clause requiring consultation with the relevant judge for their appointment is being removed.

Numbers that matters

The proposed constitutional amendment aims to raise the retirement age for Supreme Court judges to 68 years and for high court judges to 65 years while also extending the chief justice of Pakistan’s term by three years.

In the event of the resignation of the sitting chief justice, the next senior judge would also be appointed for a three-year term.

The government aims to introduce this significant constitutional amendment regarding the higher judiciary, which requires a two-thirds majority in the lower house, amounting to 224 votes out of a total of 336 members.

Currently, there are 312 members present in the National Assembly, with 24 seats—including those reserved for women and minorities—either disputed or vacant, pending notification.

The government’s strength stands at 213 members, comprising 111 from the Pakistan Muslim League-Nawaz, 68 from the Pakistan Peoples Party, 22 from the Muttahida Qaumi Movement-Pakistan, five from the Pakistan Muslim League-Q, four from the Istehkam-i-Pakistan Party, and one each from the PML-Zia, National Party, and Balochistan Awami Party.

The opposition consists of 101 members, which includes 80 from the Sunni Ittehad Council, six independent members, and eight from the Jamiat Ulema-e-Islam-F. Additionally, there is one member each from the Balochistan National Party, the Majlis Wahdat-e-Muslimeen, and the Pashtunkhwa Milli Awami Party.

In recent developments, the PPP secured victory in the Rahim Yar Khan by-election. If the JUI-F is included, the government’s support could rise to 222 members, meaning they would only need to persuade two independent members to join their ranks.

Sources had indicated on Friday that the ruling coalition had the necessary support to pass the amendment, noting that four members affiliated with the PTI would vote in favour of the proposed changes.

Sources added that two members from Central Punjab may also vote in favour of the constitutional amendment; both belong to the Sunni Ittehad Council. Additionally, one member each from the former erstwhile FATA and South Punjab is expected to participate in the voting.

Although sitting as independent members on the opposition benches, such representatives are anticipated to support the initiative.

PM Shehbaz and allies

PM Shehbaz hosted a dinner at the Prime Minister’s House in the honour of lawmakers, which was attended by members of allied parties.

Sources stated that the prime minister expressed gratitude to all allies for their support during “crucial times.”

He briefed attendants on the political situation in the country. He emphasised that the “top priority is to steer the nation out of uncertainty and economic difficulties.”

The premier directed all members to remain in federal capital and ensure their participation in Sudnay’s parliamentary session.

PM Shehbaz reiterated that the country “can no longer afford instability” and called for a boycott of forces that create disruption.

Moreover, leaders of allied parties expressed their full confidence in PM Shehbaz during a recent gathering. Deputy Prime Minister Ishaq Dar briefed participants on the legislative process, stating that the federal cabinet meeting would take place first, followed by “legislation in the National Assembly once cabinet approval is secured.”

The premier also updated them on matters concerning the International Monetary Fund.

PTI to consult opposition parties

In a separate development, following the National Assembly session, the opposition convened an emergency parliamentary party meeting at the Parliament House, attended by Gohar Ali Khan, Opposition Leader Omar Ayub Khan, Sher Afzal Marwat, Zartaj Gul, Amir Dogar, Asad Qaiser, and Zain Qureshi.

The PTI has decided to consult opposition parties regarding potential legislation, with party leadership informing assembly members about the party’s position on the constitutional amendment.

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‘Decreasing pension bill’

Law Minister Azam Nazeer Tarar spoke about the constitutional package to extend the CJP’s tenure when he appeared on Spotlight with Munizae Jahangir which was aired on Aaj News on July 17.

Tarar said that CJP Qazi Faez Isa had asked about this during a meeting at the end of April. He shared that the CJP Isa maintained that it was the prerogative of Parliament and did not favour any such amendment. Tarar told him that there was no such thing under consideration, however, the government had concerns related to the appointment and retirement of judges.

The law minister said the CJP had advised him to also consult senior puisne judge Justice Mansoor Ali Shah. The SC judge was of the view that it was Parliament’s prerogative and offered assistance in any legal development.

According to Tarar, such a decision across the country was being taken to “decrease the pension bill.”

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