ISLAMABAD – Pakistan’s ruling alliance is in process of making constitutional amendments, which were supposed to be tabled in Parliament but delayed twice.
The proposed Constitutional Amendment suggests creating federal constitutional court in addition to the current Supreme Court. It would introduce two distinct Chief Justices in Asian nation under amendment to Article 175A of the Constitution.
Article 175A, which covers the appointment of judges to higher courts, would be revised to establish a new commission responsible for these appointments. Chief Justice of the federal constitutional court would take charge of appointing judges to the High Courts and the Federal Shariat Court.
On the other hand, Chief Justice Supreme Court will have power to the apex court. In the revised process, the commission for appointing judges to the High Courts and the Federal Shariat Court would be led by the Chief Justice of the federal constitutional court.
This commission would also include two members from the federal constitutional court, the Chief Justice of the Supreme Court, and two senior judges. Other commission members would be the Federal Minister for Law, the Attorney General of Pakistan, a senior advocate chosen by the Pakistan Bar Council, and two representatives each from the Senate and the National Assembly—one from the government and one from the opposition.
Under the proposed amendments, the federal constitutional court itself, number of judges would increase from two to three, with all three being the most senior judges.
In contrast, when appointing judges to the Supreme Court, the commission would be led by the Chief Justice of the Supreme Court and include the five most senior Supreme Court judges. The Federal Minister for Law, the Attorney General, the nominated Bar Council member, and the parliamentary representatives would also be part of this commission.
This proposed restructuring appears to enhance the authority of the Chief Justice of the federal constitutional court, while the Chief Justice of the Supreme Court would have a more focused role limited to the Supreme Court.
Detailed breakdown of proposed constitutional amendments: Over 20 clauses identified
