The Pakistani government has unveiled a series of 53 proposed amendments to the Constitution, signalling significant reforms across various sectors, particularly focusing on the judiciary and governance. The amendments aim to restructure the judiciary, increase transparency in appointments, and introduce new laws governing public order and political activity.
Among the key changes is the introduction of a Federal Constitutional Court to handle specific constitutional matters, replacing the Supreme Court in many instances. This new court will play a crucial role in cases involving public interest, disputes between governments, and appeals on constitutional questions. The retirement age for judges of the Federal Constitutional Court is set at 68 years, while the retirement age for the Chief Justice of the Supreme Court is to be fixed at 65 years.
Additionally, the amendments propose significant changes to the process of appointing judges, with a new Judicial Commission overseeing appointments to both the Federal Constitutional Court and the Supreme Court. The commission will include representatives from both the government and opposition, aiming for a more balanced approach to judicial appointments. A review of the performance of High Court judges will also be introduced, with unsatisfactory performance leading to potential action by the Supreme Judicial Council.
The role of the High Courts is also being redefined. They will no longer have jurisdiction over national security-related cases or be able to pass certain orders autonomously. The amendments further ensure that the President may transfer judges between High Courts based on recommendations from the Judicial Commission.
Moreover, the amendments propose changes in how public gatherings are regulated, with the introduction of the Peaceful Assembly and Public Order Bill, 2024. This bill seeks to control public assemblies in the federal capital, imposing penalties on unlawful gatherings and strengthening the district magistrate’s power to regulate public events.
Several amendments also deal with national governance and the environment. Notably, Article 9A introduces the right to a clean environment as a fundamental right of every individual. The role of the President and Prime Minister in decision-making will be clarified, ensuring that their advice and actions cannot be challenged in court.
In the realm of political activity, proposed changes to Article 17 will see political parties facing scrutiny by the Federal Constitutional Court, should they be suspected of working against the state. This amendment highlights the government’s intent to maintain control over party activities deemed harmful to national security.
The government is currently facing opposition, as it seeks to gather a two-thirds majority in both houses of Parliament to pass the amendments. Key political figures, including the Jamiat Ulema-e-Islam-Fazl (JUI-F) chief, have raised concerns over some of the amendments, leading to delays in tabling the package.
While the amendments promise major judicial reforms and seek to strengthen governance, opposition parties have expressed concerns over their secretive nature. They have demanded that the government present the original draft of the amendments for open debate in Parliament.
