Law Minister Azam Nazeer Tarar on Saturday announced the government will table the proposed 27th Constitutional Amendment in the Senate today, as the federal cabinet approved the legislation following support from the Pakistan Peoples Party (PPP) on key proposals.
Addressing media in Islamabad, Tarar said the cabinet was meeting under the chairmanship of Prime Minister Shehbaz Sharif, who participated via video link from Baku. He said the meeting was briefed on the tabling of the 27th Amendment, adding it would then be referred to a joint committee to allow deliberations of the law and justice committees of both the Senate and National Assembly.
Noting the prime minister had met delegations of all allied parties this week, he said consensus wa achieved on the formation of a constitutional court. “Now, the suggestion of a separate federal constitution court will be referred to Parliament in the form of a bill, and Parliament will decide on it after a debate,” he said.
Similarly, he said, the 27th Amendment proposed granting the Judicial Commission of Pakistan authority to transfer judges. “It has been added in the bill that the chief justices of both high courts from which a judge wishes to transfer to would be included in the consultations,” he said.
It remains unclear if the government will attempt to push through changes to the National Finance Commission (NFC) Award, revert the population and education ministries to the center, or include a provision for autonomous local governments. All these proposed measures have been opposed by the PPP.
PPP decision
Addressing media on Friday evening after a meeting of his party’s Central Executive Committee, PPP Chairperson Bilawal Bhutto-Zardari said it would not support any attempt to reduce provincial rights, judicial autonomy or democratic safeguards.
Similarly, the party has reportedly opposed proposed changes to Article 213 regarding the appointment of the Chief Election Commissioner or amendments to Article 63(1)(c), which relate to dual citizenship and rules around civil servants holding more than one nationality.
“After our Central Executive Committee meeting, we agreed on three points: amending Article 243, establishing a constitutional court, and managing judges’ transfers through proper consultation,” he said, clarifying that judges’ transfers should involve both the outgoing and incoming chief justices as part of the JCP. “We support transfers, provided the relevant high court chief justices are consulted. Authority should not be unilateral,” he added.
“We will see on which additional points [regarding the Charter of Democracy} consensus can be reached during the 27th amendment process,” he added.
Opposition rejection
Meanwhile, Jamiat Ulema-e-Islam (Fazl) chief Fazlur Rehman has said his party would oppose any change to Article 243 that “undermines democracy.” He has also warned against attempts to reduce provinces’ authority.
The Pakistan Tehreek-e-Insaf (PTI) has similarly refused to back any amendments, declaring them an “attack“ on Parliament.