ISLAMABAD: The Supreme Court (SC) constituted a three-member bench to hear a petition challenging the proposed constitutional amendments.
The bench will be headed by the SC Chief Justice, Qazi Faez Isa, and is scheduled to meet on October 17.
Read more: Pakistan to host SCO conference from October 15 till 16: FO
Joining the Chief Justice on the bench are Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.
The petition was filed by Abid Zuberi, who is contesting the proposed amendments to the country’s constitution.
The Pakistan Muslim League-Nawaz (PML-N) led federal government and Pakistan Peoples Party (PPP) aimed to pass a bill in parliament seeking to amend the judiciary. The proposed amendments were bitterly opposed by the Pakistan Tehreek-i-Insaf (PTI) led Opposition.
Meanwhile, the JUI-F chief Maulana Fazlur Rehman found himself at the centre of the controversy as each side aimed to convince them of their stance.
The federal government and PPP needed JUI-F members’ vote to be able to form an absolute majority, as without the needed numbers, no bill can be passed in the parliament.
Negotiations with Maulana Fazl are still ongoing.
The proposed amendments aimed to established a federal constitutional court, which would take over the SC’s role in constitutional matters, with the Chief Justice appointed by the prime minister.
The proposed amendment also aims to change the tenure of a chief justice to a three year fixed term.
At a lower level, the proposed amendments aims to include the establishment of provincial constitutional courts that will mirror the federal structure. However, it will have separate chief justices for each provincial court.
Meanwhile, a constitutional commission would oversee the appointment of judges, including key positions: Chief Justice, senior judges, the Federal Minister of Law and the representatives from the Pakistan Bar Council.
It also proposed a huge change to article 63-A, which would allow defecting lawmakers’ votes to be counted. Many in particular lambast this point as undermining party loyalty and the original intent of the article to curb political horse-trading.
Most of all, the proposed changes to article 48 would grant the prime minister immunity from legal challenges regarding advice given to the president. Similarly, an amendment to article 239 would prevent courts from questioning any constitutional amendments passed by the parliament.
Many have raised concerns with the proposed amendments, arguing these amendments will lead to a concentration of power in the executive, as the Federal Constitutional Court would have its chief justice appointed by the prime minister, thereby, undermining judicial independence.
Read more: Karachi airport attack orchestrated with help of foreign spy agency: CTD report
It also raises concerns on how SC’s decision to allow counting defecting votes will raise suspicions of political manipulation and shift the established balance of power in the parliament.
The biggest concerning points for critics is the weakening of checks and balances of the executive, as the proposed changes will limit judicial oversight. Many also fear a parallel court system under the government control.