ISLAMABAD: The government’s proposed constitutional package has sought amendments to over 20 clauses, notably Articles 51, 63, 175, and 187.
Among the key amendments is a proposal to increase the seats in the Balochistan Assembly, raising its seats from 65 to 81.
An amendment to Article 63 has been proposed which will allow dissident members to exercise their right to vote. Article 63 will specifically be amended to grant the voting right to dissident members. Article 63 deals with disqualifications for membership in the Parliament, including voting behaviour, dual nationality, and other misconduct. The proposed amendment will allow dissident members to vote without facing disqualification.
Additionally, under the proposed amendement, appeals on decisions made by the Constitutional Court will now be heard by the same court. Article 181 is also likely to be amended, which currently relates to the temporary appointment of high court judges to fill vacancies in the Supreme Court.
The tenure of the chief justice of Pakistan will not be extended under the proposed amendment. Under the proposed amendment, judges from the Islamabad High Court will be rotated and transferred to high courts in other provinces.
The amendment says that thief justice of Pakistan will be appointed from a panel of five senior judges of the Supreme Court.
A significant part of the proposed amendment is the establishment of a Constitutional Court, which will address constitutional issues.
This court will hear petitions related to Articles 184, 185, and 186. The chief justice of this court will be appointed by the government from among the sitting Supreme Court judges.
Furthermore, the amendment will create a judicial commission and a parliamentary committee responsible for appointing judges to both the Supreme Court and the high courts.
Article 175, which deals with the establishment and functioning of the judiciary, particularly the Supreme Court, high courts and Federal Shariat Court, has been proposed to be amended.
Article 181, which concerns the appointment of acting judges in the Supreme Court when a vacancy arises or a sitting judge is unable to perform their duties, is also proposed to be amended.
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Article 184, which deals with the original jurisdiction of the Supreme Court, especially in cases involving the enforcement of fundamental rights, has been proposed to be amended.
Article 185, which deals with appeals to the Supreme Court against judgments of high courts, will also be amended.
Article 186, which relates to advisory jurisdiction, where the Supreme Court can provide an opinion on legal questions referred by the president, has been proposed to be amended.
Article 187, which gives the Supreme Court the power to issue orders for the enforcement of its judgments, decrees, or orders across the country, has been proposed to be amended.