Law minister tries to allay concerns over amendment
• Tarar says amendments require cabinet nod before they can be tabled in parliament
• Says it’s not CJP’s job to ‘determine sugar price, dictate party manifestos’
• Qaiser says PTI ready to challenge move in court
KARACHI: After days of hectic political activities and speculations, the law minister on Monday tried to allay the fears of the opposition regarding the ‘Constitutional Package’ and reassured them that any decision on the matter would be taken with a consensus.
Azam Nazeer Tarar, who is usually quite measured in his speeches, appeared vexed over the judiciary’s failure in providing justice, which, according to him, was one of the reasons why a Federal Constitutional Court (FCC) was being proposed.
When former speaker and PTI leader Asad Qaiser criticised the government for trying to pass the bill “in the dark of the night like thieves, on Saturday and Sunday night”, the law minister rose to respond to his criticism.
The minister explained that the proposal was yet to cross the first stage — approval from the cabinet — and could only be presented in parliament afterwards.
Detailing the process to pass a constitutional amendment, Tarar said it is to be first approved by the federal cabinet, after which the CCLC — which he said comprised of all coalition partners — reviewed the legislation thoroughly.
Tarar says amendments require cabinet nod before they can be tabled in parliament
He said consultations on these issues have been ongoing, since before the government’s formation. Naming each party in the ruling coalition, the law minister recounted how the proposed amendment had been discussed with each of them beforehand.
“It was agreed between the PPP and PML-N that the unfinished business of the Charter of Democracy would be addressed,” Mr Tarar said, adding that this included the formation of a FCC.
He claimed a move to set up a similar court was thwarted by “certain powers” in the past.
The lawmakers, back then, were told that the 18th Constitutional Amendment would be “struck down” if any attempts were made to amend the process of the judges’ appointment, he said, without giving more details.
He said the salient features of the Constitutional Package, including the proposal to set up an FCC, were presented in parliament’s special committee, comprising both government and opposition members.
The minister lamented that the issue of a Constitutional Court has been painted as an attempt to favour the incumbent chief justice.
Criticism of judiciary
Mr Tarar also claimed that the judiciary was the only institution functioning without any scrutiny of its performance.
“It is the duty of a judge to provide expeditious justice to poor people,” the minister said, adding that in the existing judicial system, cases linger on for generations.
While stressing the need for a constitutional court, Mr Tarar said a chief justice shouldn’t interfere in political and administrative issues like determining the price of sugar, installing electricity poles and dictating the manifestos of political parties.
The Supreme Court already hears appeals against high court orders, criminal cases, banking disputes and appeals against service tribunals orders.
“We [politicians] also want the court to take political disputes there. We have handed all power to the court,” he lamented.
On the question of the proposed constitutional court’s structure, the minister said it would have a chief justice and seven to eight judges.
He said judges enjoyed official perks and privilege and it was their sole responsibility to dispense timely justices to the masses. Justice delayed was tantamount to justice denied, he added.
Earlier, in his remarks, Mr Qaiser said that his party was ready to challenge the amendments in the courts.
Published in Dawn, September 17th, 2024