Pakistan Muslim League Nawaz (PML-N)-led ruling coalition has finally dropped its plan to establish a federal constitutional court (FCC) alongside the Supreme Court after failing to win Jamiat Ulema-e-Islam Fazl’s support for the 26th constitutional amendment being tabled in parliament today.
Instead, a consensus was reached to form a constitutional bench within the Supreme Court, comprising 5 or 9 judges.
JUI-F chief Maulana Fazlur Rehman emerged victorious for the second time in two months, having not only thwarted the ruling alliance’s attempt to pass the constitutional amendment in September but also convincing the ruling parties to drop the plan for the FCC. The government has now settled for creating a constitutional division within the top court.
Despite visits, meetings and pleas by PML-N and PPP’s top-tier leadership as well as President Asif Ali Zardari and Prime Minister Shehbaz Sharif, Fazl did not budge an inch from his stance and finally succeeded in persuading the ruling alliance to not only change its constitutional amendment draft but also include the PTI in the consultative process.
Meanwhile, sources in the government said, the federal cabinet meeting has also been summoned on Friday to give its nod to the 26th constitutional amendment. After the cabinet’s approval, they said, the constitutional amendment will be tabled in the Senate and National Assembly.
On Thursday, a flurry of activities took place in the federal capital, which included a meeting between the president and prime minister, NA special committee meeting on proposed amendments, a lunch-eon hosted by the PM for ruling alliance’s senators and sessions of both houses of parliament. Such engagements helped shape the apparent consensus on the 26th constitutional amendment.
The first confirmation on PML-N and PPPP accession to JUI-F demands emerged from the meeting of the special committee as both the parties sitting on treasury benches made changes to their proposals. While commenting on the development, a key member of the ruling alliance shared with The Express Tribune that the decision was taken “in the larger interest of parliamentary consensus.”
By the afternoon, it became evident that the government and its allies have shelved the idea of FCC, which was the central focus of the government-proposed amendments, and agreed on forming only a bench in the apex court. Subsequently, the senators who attended the luncheon confirmed to media that the consensus had reached on constituting only a bench in the SC as opposed to establishing a separate constitutional court in the country.
Following that, media reports said, a meeting was held between President Zardari and PM Shehbaz to discuss the proposed amendments and overall political situation in the country. Despite the consensus among the ruling parties and JUI-F, PTI has yet to disclose its mind about the proposed amendments as it acted as a mere spectator during the special committee meetings.
After lunch, PML-N parliamentary leader in the Senate, Irfan Siddiqui told reporters that the constitutional amendment bill will be tabled in the Senate on Friday. He revealed that Law Minister Azam Nazeer Tarar gave a briefing on the draft constitutional amendments to the lawmakers. In the past few days, PML-N, PPPP, JUI-F and ANP submitted their drafts before the special committee and pro-posed different things but the committee finally succeeded in forming a consensus on a draft by Thursday.
The drafts showed that PML-N wanted federal constitutional court while its key ally, PPPP, wished to have constitutional court at both federal and provincial level. JUI-F, however, proposed that only a constitutional bench should be established in the Supreme Court instead of creating a separate FCC. Meanwhile, ANP had supported the government’s FCC proposal but called the provincial constitutional courts an absurd idea.
Although the government previously failed to table the constitutional amendment bill, there is now a strong chance it will pass in both houses. This comes after the treasury benches accepted Maulana Fazlur Rehman’s proposals in exchange for his party’s eight votes in the National Assembly and five in the Senate, crucial for securing the numbers needed to pass the amendment.
In a late-night development, Pakistan Tehreek-e-Insaf delegation led by Barrister Gohar met Maulana Fazl. After the meeting, Fazl said his party held consultation on constitutional amendment with the government but “the government did not respond positively to our approach of reconciliation.”
He revealed that one of his party’s parliamentarians was kidnapped and others were harassed.
He threatened that the process of dialogue would stop if the government did not mend its ways.
He mentioned that PTI could not be kept away from the consultation process, adding all opposition parties should be taken onboard.
PTI Chairman Barrister Gohar said his party’s MPs were kidnapped but they attended the special meetings on constitutional amendment. He complained that the draft of the proposed amendment was not shared with the party despite several reminders to the government.
In a late-night development, Prime Minister Shehbaz reached the residence of Fazl during which, according to sources, he would take the JUI-F chief into confidence on the constitutional amendment package. The sources also said that Law Minister Azam Nazir Tarar would brief Fazl the amendment bill.
Accompanied by Tarar and Deputy Prime Minister Ishaq Dar, the prime minister visited Fazl’s residence in the wee hours of Friday. At that time, PPP Chairman Bilawal Bhutto Zardari was already present there. It was stated that the prime minister and his delegation went there without any official protocol.
