Neither a constitutional court nor a constitutional bench, a ‘third option’ was being proposed, Science and Technology Minister Khalid Maqbool Siddiqui said on Thursday as the ruling coalition gives a final touch to its drafts that would bring judicial reforms in Pakistan.
“A middle course is being taken,” he said when asked what has been finalised after the briefing by Law Minister Azam Nazeer Tarar to the MQM-P on the proposed amendments to the Constitution. “This is being finalised.”
Cabinet members and leaders from the coalition parties in Islamabad as the government plans to present the constitutional amendment on Friday (tomorrow) amid PTI protests against such legislation.
Many legal experts are concerned that such proposed changes could undermine the independence of the judiciary by limiting the Supreme Court’s jurisdiction to only civil and criminal appeals or petitions.
But ruling parties made significant progress on Wednesday in securing the backing of JUI-F chief Maulana Fazlur Rehman for their proposed judicial reform package.
According to sources, the draft includes amendments to Article 48 (president to act on advice, etc), further shaping the future of Pakistan’s constitutional framework. It also touches on Article 63-A (disqualification on grounds of defection, etc) following the Supreme Court’s verdict on the defection law earlier this month.
Siddiqui, who also holds the portfolio of federal education and professional training, was on the show after coming from the PM’s House. The minister said that he would not be able to say that anything has been finalised.
He clarified that the premier did not speak about whether numbers were completed or not.
When asked about the “middle course”, Siddiqui explained that there would be “some amendments” which would satisfy the court and there was “clarity” in the complex situation caused by “some court decisions.”
When the host pressed the minister on his statement, he said: “There are more elements to be added from one or two main parties. I think there is a third option which can be discussed. An amendment after which we will be working with this current setup and there is a way for this [court or bench].”
He went on to add that there were different were different views on the constitutional bench. “They will correct the constitutional amendment tonight and maybe we will be called late night. It is not final and even if our members in the parliamentary committee leave, it will also be enough.”
Siddiqui went on to add that there were different possibilities related to the amendments, stating that the possibility of the federal constitutional court has not yet been ruled out.
In response to a query, he said that the MQM-P only wanted local governments empowered in the country through Article 140-A of the Constitution. He said that the PML-N was on board for it.
According to Siddiqui, there was a suggestion to try those who vandalise military installations under the Army Act.
In response to a question, he said that the constitutional amendment would be passed through Parliament this week. “If there is any problem till Friday, then I think it can go to Saturday and Sunday. It should be done by Sunday or else difficult dates will start.”
Without naming anything, Siddiqui stated that there was “some barrier” to pass a little early. There would be clarity if it is passed before October 25—the day when Chief Justice of Pakistan Qazi Faez Isa would retire—and it has been too long, he added.
