Overview of the Proposed Constitutional Amendments in Pakistan

On Friday, the draft of a significant constitutional amendment was unveiled, following approval by a special committee of the parliament. This draft encompasses 26 proposed amendments that aim to reshape various aspects of the judiciary and its functions, laying the groundwork for a more structured legal framework in the country.

One of the notable features of this draft is the proposal to establish a constitutional bench. According to the new guidelines, the judicial commission will determine the number of constitutional benches and the judges who will serve on them. This amendment signifies a move towards greater judicial autonomy and specialized handling of constitutional matters.

The proposed changes also include modifications to Article 184, granting suo motu powers to the constitutional benches. This means that these benches will have the authority to take notice of issues that require immediate judicial intervention without a formal request from the government or other parties involved. Furthermore, all constitutional cases will be exclusively heard by these specialized benches, as outlined in Article 185.

Another critical amendment proposed in the draft concerns Article 48, which aims to protect the advice given to the president by the prime minister and cabinet from being challenged in any court. This provision is expected to reinforce the executive’s decision-making authority and safeguard it from judicial scrutiny.

To enhance the representation and functionality of the judicial commission, the draft suggests an increase in its membership. The commission will now comprise the four senior-most judges of the Supreme Court along with the Chief Justice, the Law Minister, the Attorney General, and a nominee from the Pakistan Bar Council (PBC). Additionally, there will be two members each from the National Assembly and Senate, ensuring representation from both the government and opposition parties.

The special parliamentary committee, which convened at the Parliament House, has approved an 11-page draft that is set to be presented in an upcoming cabinet meeting. This draft also proposes amendments to Articles 38, 48, and 81, aiming to streamline judicial processes further and clarify the roles within the judiciary.

Furthermore, the process for appointing the Chief Justice of Pakistan (CJP) will undergo a transformation. The CJP will now be appointed from among the three senior-most judges, based on recommendations from a new 12-member parliamentary committee that will include eight members from the National Assembly and four from the Senate. The Prime Minister will then forward the selected name to the president for formal approval. Notably, the Chief Justice will serve a term of three years as per the new draft.

These proposed amendments signify a pivotal shift in Pakistan’s constitutional framework, focusing on strengthening judicial independence and accountability while ensuring a more organized approach to governance.