Federal Law Minister Azam Nazir Tarar has stated that the constitutional amendment package currently circulating is provisional and not finalized until it receives cabinet approval.
Addressing a meeting of lawyers’ representative organizations, Tarar expressed gratitude to the Supreme Court Bar Association for providing the opportunity.
He explained that discussions on legislation took place with the Pakistan Peoples Party (PPP) in late February. He was part of the negotiating team and the PPP had raised the demand for judicial reforms, which are also part of the government’s manifesto. The PPP requested to work on the incomplete agenda of the Charter of Democracy.
Tarar highlighted that legislation goes through various stages, with lawyers being well-versed in the process. He emphasized that the current package is temporary and the draft is not finalized until cabinet approval. Subsequently, the bill is presented to parliament and may be referred to a committee. This being a constitutional amendment, it requires a two-thirds majority for approval.
Tarar confirmed that the amendments incorporate the Charter of Democracy, recommendations from bar councils, and demands from political parties.
He revealed that during the apex committee meeting, the military leadership was told that they had failed to eliminate terrorism. The military leadership responded by questioning if those who sacrificed their lives for the country didn’t have families. They also referenced the Benazir Bhutto assassination case and stated that the martyrs’ sacrifices couldn’t be forgotten. The military leadership’s stance in the apex committee was quite strong.
Tarar stated that the Charter of Democracy, introduced in 2006, called for the establishment of a constitutional court. This court would operate independently and exercise powers under constitutional articles. The proposed draft envisions a constitutional court with 7-8 judges, representing all provinces and Islamabad.
He questioned whether the establishment of a constitutional court is feasible within the existing constitutional framework. He urged all bar councils to form their own legal expert committees to provide guidance on the matter. He emphasized that he is part of the legal community and sought their recommendations on the model for the constitutional court.
The Minister clarified that the judicial amendments only contain four core elements, with the remaining 40 items related to incorporating the name of the constitutional court in various sections.