The Pakistan Peoples Party shared its draft of the proposed 26th constitutional amendments with the people on Friday, as the ruling coalition plans to present in Parliament this month.
The proposed draft contains two chapters to be added in Part VII of the Constitution and two new articles to law, according to its copy available with Aaj News.
As PPP Chairman Bilawal Bhutto Zardari mentioned in different events, it contained a proposition for establishing constitutional courts in the Centre and provinces.
It has also been shared with the JUI-F, according to Maulana Fazlur Rehman.
The Sindh-ruling party wants to add the following articles under Article 175 (establishment and jurisdiction of courts) of the Constitution.
175AA: There shall be a Federal Constitutional Court (FCC) of Pakistan.
175AB: The Federal Constitutional Court shall consist of a Chief Justice of FCC, more judges, for a total of judges as may be prescribed by law. Each province will have an equal representation in FCC. The Chief Justice will be on rotation from each province to be appointed for three years.
175AC: The permanent seat of the Federal Constitutional Court shall be in Islamabad however the FCC may sit in any of the provincial capitals from time to time.
175AD: Article 184 of the Constitution of Pakistan stands deleted, and the contents thereof may be reproduced hereof and read as Article175AD, and any reference to the Supreme Court therein shall be read as Federal Constitutional Court. (This section means that all original jurisdiction under Article 184 will now be that of Federal Constitutional Court).
175E: Article 186 of the Constitution of Pakistan stands deleted, and the contents thereof maybe reproduced hereof and may be read as Article175E, and any reference to the Supreme Court therein shall be read as Federal Constitutional Court. (This section means that advisory jurisdiction under Article 186 will now be that of Federal Constitutional Court).
175F: The decision of the Federal Constitutional Court in matters where it has jurisdictional competence shall be final and conclusive. There will not be any appeal against the decision of Federal Constitutional Court at any forum.
191AA: There shall be four provincial constitutional courts, one for each province.
191AB: The Provincial Constitutional Courts for each province shall consist of a Chief Justice, and as many judges for each province as the government may determine, to be appointed in the manner prescribed by law.
191AC: The permanent seat of the Provincial Constitutional Court shall be in the provincial capital of the respective province, and there shall be registries of such PCC in such cities as the respective High Court of that province.
191AD: Jurisdiction of Provincial Constitutional Court - Article 199 of the Constitution of Pakistan stands deleted, and the contents thereof may be reproduced hereof and be read as Article 191AD, and any reference to the High Court therein shall be read as Provincial Constitutional Court. (This section means that the writ jurisdiction of High Court will now be that of Provincial Constitutional Court).
191AE: Nothing in the above Article191AD shall be construed as giving appellate jurisdiction to Provincial Constitutional Court against a decision of a lower court, and the remedy against a judgment of the lower court shall be by way of an appeal to the High Court of the respective province.
191AF: The decision of the Provincial Constitutional Court may be appealed before the Federal Constitutional Court, whose decision shall be final.
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Article 189A: Finality of judgments of Supreme Court – The judgment of the Supreme Court in matters it has appellate jurisdiction under Article 185, shall be final and conclusive. There will not be any further appeal against the decision of Supreme Court at any forum.
Article199A: Appellate Jurisdiction of the High Courts – The High Courts shall have jurisdiction to hear appeals against decisions of lower courts as provided by law.
