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A group of Pakistani lawyers, including members of the Pakistan Bar Council (PBC), have voiced their opposition to a proposed constitutional amendment that seeks to establish a new federal constitutional court. The lawyers penned a letter to the judges of the High Courts and the Supreme Court of Pakistan arguing that the amendment endangers judicial independence and violates the separation of powers enshrined in the Constitution of the Islamic Republic of Pakistan.
Among the 52 proposed amendments is a provision to create this new court, which would run parallel to the Supreme Court. Critics argue that this would shift responsibilities of constitutional interpretation away from the Supreme Court to the new federal court. Concerns have been raised that the amendment would enable the manipulation of key judicial appointments, including the appointment of the chief justice by the president based on the prime minister’s recommendations, thus undermining the independence of the judiciary.
The letter’s signatories claim that these changes would lead to an “amputation” of the Supreme Court, replacing it with individuals loyal to the ruling government. They emphasize that appointments to the Supreme Court should be handled by a Judicial Commission, as is currently the case, instead of being influenced by political considerations.
Resistance to the constitutional package introduced by the ruling coalition, led by Pakistan Muslim League-Nawaz, has been significant. The package failed to pass in the parliamentary session held earlier this month as it did not obtain the required two-thirds majority. The letter condemns the lack of transparency surrounding the drafting process, which had also been criticized during the All Pakistan Lawyers Convention in early September.
The PBC is currently engaged in reviewing the proposed amendments and suggesting necessary changes. They have committed to ensure any amendments respect democratic values and the rule of law.
For more details, refer to the full article on JURIST.
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