Constitutional courts ‘dropped’ from proposed amendments
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ISLAMABAD: In a significant development regarding judicial reforms in Pakistan, constitutional courts have been excluded from the proposed 26th constitutional amendment.
Sources indicate that the Pakistan Peoples’ Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) have retracted their previous demand for the establishment of constitutional courts, aligning instead with the Jamiat Ulema-e-Islam (F) on the formation of a constitutional bench. The political maneuvering comes amidst a broader push to address judicial inefficiencies through a parliamentary committee dedicated to finalizing the proposed amendment.
Chaired by Khurshid Shah of the PPP, the committee’s session commenced today, with the primary goal of integrating various drafts submitted by political parties into a cohesive proposal. The discussions leading up to this point have been marked by extensive negotiations between major political players in Pakistan. Initially, the establishment of constitutional courts was seen as a potential solution to the backlog of cases and the protracted judicial processes that plague the country. However, the political landscape has shifted, leading to a consensus on a different approach. Sources within the committee revealed that Maulana Fazlur Rehman, the leader of JUI-F, will present a revised draft to the Pakistan Tehreek-e-Insaf (PTI), potentially paving the way for a more unified stance among the parties involved. This collaborative effort reflects a growing recognition of the need for judicial reform, transcending party lines for the sake of institutional integrity.
The special parliamentary committee session aims to consolidate various proposed drafts into a single comprehensive document. PML-N Senator Irfan Siddiqui expressed optimism regarding the process, stating, “Hopefully, all drafts will be merged into one.” He emphasized the importance of reaching a consensus, which he believes is crucial for the legitimacy and effectiveness of the proposed amendments. When asked by reporters about the likelihood of achieving consensus during today’s session, Khurshid Shah remained cautiously optimistic. “This session has been fixed today for this business. We will see when the draft comes to me,” he stated, underlining the complexities involved in harmonizing differing viewpoints. The decision to drop the constitutional courts reflects a pragmatic shift among the key political parties. The PPP and PML-N,s retreat from their initial demands highlights their willingness to cooperate with JUI-F, potentially indicating a strategy aimed at fostering a more unified front on judicial reforms. The proposed amendment is expected to address several key issues within the judiciary, including case management, appointment of judges, and overall accountability. By focusing on the establishment of a constitutional bench rather than separate courts, the coalition of parties may be seeking to streamline judicial processes and enhance the efficacy of the judiciary. Experts have long criticized the current judicial framework for its inefficiencies, arguing that it contributes to public distrust in the legal system.
The exclusion of constitutional courts from the amendment could signal a return to a more traditional structure, one that emphasizes collaboration among existing judicial bodies rather than creating entirely new institutions. Public reaction to these developments has been mixed. Supporters of judicial reform are hopeful that this newfound cooperation among major political parties will lead to tangible improvements in the justice system. Conversely, some skeptics worry that without the establishment of dedicated constitutional courts, the reform efforts may lack the necessary rigor and independence required to effect meaningful change. As the parliamentary committee continues its deliberations, the stakes remain high. The outcome of these discussions will not only impact the judiciary but also set a precedent for how political factions can work together to address critical national issues. In the coming days, all eyes will be on Maulana Fazlur Rehman as he prepares to unveil the new proposed draft to PTI. The success of this initiative will depend on the ability of these political entities to navigate their differences and prioritize the collective goal of enhancing the judiciary’s function. The recent developments regarding the proposed 26th constitutional amendment signify a pivotal moment in Pakistan’s political landscape.
As parties negotiate and seek to align their interests, the potential for significant judicial reforms hangs in the balance. Whether these amendments will translate into effective changes within the judiciary remains to be seen, but the commitment to dialogue among Pakistan,s major political players is a step in the right direction. As discussions progress, the hope for a more efficient and accountable judicial system in Pakistan may soon become a reality.