The Pakistan Peoples Party (PPP) and Jamiat Ulema-e-Islam-Fazl (JUI-F) announced on Tuesday night that they have reached an agreement on the long-awaited 26th constitutional amendment. The proposed amendment, among other changes, includes the establishment of a Federal Constitutional Court and limits the tenure of the Chief Justice of Pakistan (CJP) to three years. The consensus between the two parties marks a significant milestone, with JUI-F leader Maulana Fazlur Rehman lauding PPP Chairman Bilawal Bhutto-Zardari for his role in the negotiations.
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However, the journey towards this consensus was not without friction. Previously, JUI-F had expressed reservations about earlier drafts of the amendment, which resulted in the government withdrawing contentious provisions. This newfound agreement comes after months of debate, yet the final hurdle remains: gaining support from the Pakistan Muslim League-Nawaz (PML-N) and opposition party Pakistan Tehreek-e-Insaf (PTI).
A Contentious Proposal
At the heart of the amendment is the creation of a Federal Constitutional Court, which would handle cases involving constitutional interpretation. Critics argue that the court could undermine the existing judiciary, especially the Supreme Court, by fragmenting its jurisdiction. Under the proposed changes, the Chief Justice of this new court would be appointed by the president in consultation with the prime minister. Furthermore, the amendment suggests increasing the retirement age of judges in this court to 68, while other judges would retire at 65.
The proposed amendments are not only judicial reforms but also include provisions that shield actions taken under “national security” laws from judicial scrutiny. This has raised concerns among opposition leaders and civil rights groups, with many calling it a direct assault on judicial independence.
Criticism and Caution
Despite efforts by the ruling coalition to build consensus, the opposition has voiced strong objections. Lawyer Faisal Chaudhry described the amendments as “an attack on the constitution,” warning that the changes could weaken Pakistan’s judiciary. Social media users echoed this sentiment, with one person describing the amendment as a “national suicide pact,” alleging that the government is attempting to force through the changes for political gain.
On the other hand, PPP’s Bilawal Bhutto-Zardari defended the amendments, claiming that they aim to solve the nation’s problems and are not meant to target any individual or institution. He expressed hope that a final draft based on consensus could pass through the National Assembly and the Senate, despite the government currently being short of the required two-thirds majority needed for the constitutional changes.
Uncertainty Lingers
With separate sessions of the National Assembly and Senate scheduled for October 17, the government will attempt to introduce the constitutional amendment bill. However, the looming question is whether they can garner enough support. The government is reportedly 13 votes short in the National Assembly and nine votes shy in the Senate.
Maulana Fazlur Rehman has been at the center of these negotiations, offering mixed signals over his support for the proposed reforms. His recent alignment with the PPP signals potential progress, but without support from the PML-N and PTI, the passage of the bill remains uncertain. As political parties scramble to secure votes, the fate of the judiciary, and Pakistan’s constitutional future, hangs in the balance.
In the days to come, the tug of war between political alliances will either solidify these reforms or push Pakistan into further political instability.