Agha Iqrar Haroon
Islamabad, Pakistan: The ruling PMLN faced the second political defeat in less than two months.
Delay in the constitutional package is second while the first was the announcement of banning PTI and then withdrawal from this strongly stated position. A politically fragile government that has weaker mobilization at the grassroots sometimes becomes a burden on the system, particularly when serious overhauling of the system is needed. Having governments in Punjab and Centre, PMLN failed to get the consent of partners after announcing on 15 Jul 2024 that it would move the Supreme Court to ban PTI and also announced that a forthcoming cabinet meeting (that was fixed on the same week) would discuss the issue and then the government would move to the Supreme Court of Pakistan demanding banning PTI that had surely become a risk to the Federation of Pakistan.
Important circles in the capital city of Islamabad believe that the Constitutional Package is inevitable to bail the country out of the political and judicial fiasco that Pakistan is facing nowadays but PMLN would not steer the situation independently
Several journalists did not take this statement of the ruling party seriously because everybody knew that PMLN would fail to get consensus among ruling partners for banning PTI and the Supreme Court of Pakistan would not mind demanding maximum justification for banning a political party that is an official opposition party in National Assembly as well as in Upper House—Senate. The time testified that the official statement of banning PTI was just a wild statement having no ‘homework done’ and the statement backfired miserably.
Important circles in the capital city of Islamabad believe that the Constitutional Package is inevitable to bail the country out of the political and judicial fiasco that Pakistan is facing nowadays but PMLN would not steer the situation independently for passing the package rather responsible political circles would deliberate the package, would share with the public and then it would move to the parliament for approval.
The deliberations with ruling partners and like-minded parties were started after announcing the news of ‘large scale constitutional overhauling’
In the first week of September, the government announced that it would overhaul the Constitution by announcing a huge package of amendments. This time, media hype was created through mouthpieces on private television screens but again without doing any homework. The deliberations with ruling partners and like-minded parties were started after announcing the news of ‘large scale constitutional overhauling’. Interestingly, a sense of ownership of amendments was lacking among ruling circles rather a sense was generated that ‘amendments were coming from somewhere’. After creating media hype that the constitutional amendment package is coming just now, unofficial mouthpieces of the government decided that the package had been delayed but did not give any reasons for this delay.
Strangely, PMLN looks again at a weaker ground in media management, and media failure was evident in the last week although the government injected four new media managers by hiring each of them with a two million per month package
There is no doubt that constitutional amendments have been due for a long because the last two years have confirmed that the Constitution is not serving the state amicably and some constitutional institutions are overpassing their constitutional limits and encroaching the powers of the Parliament. Considering some of the finer points that have come out, it is felt that it is being made controversial for no reason, while it is in the public interest and in a way the interest of the higher judiciary, some elements wish to stop the passage of amendments for their vested interests as status quo suit them and they are trying to block its way by spreading negative propaganda.
Strangely, PMLN looks again at a weaker ground in media management, and media failure was evident in the last week although the government injected four new media managers by hiring each of them with a two million per month package and also hired six media mouthpieces costing the public exchequer around two million each per month as they have come along with their media teams. PMLN government in Punjab offering media campaigns about the good work done by the Chief Minister Punjab, PMLN in the center is also offering media campaigns regarding the good work done by the prime minister, and all this money is going to media giants of the country but providing no results when the matter comes on ‘narrative building’.
This package does not deal only with higher judiciary rather it offers more than that
Alas, when a political party has weak footings in public then it can face such situations where it has to please media houses with huge media campaigns but all such campaigns target the ‘promotion of personalities’ rather than developing national narratives over dire issues such as the Constitutional package. The weak narrative building, a halfhearted announcement of the package and then its withdrawal at the last moment, and not taking partners into confidence before announcing the constitutional amendments have made a significant rather vital package a controversial one.
This package does not deal only with higher judiciary rather it offers more than that.
According to legal experts, this Constitutional amendment package is important because the appeals of the ordinary citizens of Pakistan whose cases are being heard in the courts have not been heard for years, whether these cases are civil or criminal. It has been observed in many criminal cases that most of the people die inside the jail but unfortunately, their appeals are not scheduled for hearing. There have been many instances in the recent past that when a case was heard on appeal in the Supreme Court, the Supreme Court was told that the accused had already died some time ago. Recently, a decision was taken by the Supreme Court after 9 years, the Supreme Court itself has said that the man was kept in a death cell for 25 years without being heard properly.
Legal experts also say that when the case is heard, it is found that the person who is in this case has not completed his sentence but served his life sentence thus rendering such appeals ineffective – it has been observed that much of the Supreme Court’s time is spent on cases that have no direct impact on ordinary litigants, who have to wait years and decades for their cases to be decided. Looking at the same points, legal experts say that it is the need of the hour to bring amendments to the justice system. Legal experts say that this constitutional amendment also needs time to increase the number of judges and remove the backlog of cases. By having 23 judges in the Supreme Court, it will be possible to solve the pending legal matters, their appeals, and their cases will be heard. In this way, cases and appeals which have been pending for a long time can be expedited.
The integrity of our judges is now under question; there is an issue with their consistency, and even now issues regarding their educational degrees are coming to the fore
An important point in this amendment is the matter of the appointment of judges. Earlier, the Judicial Commission was established by the Eighteenth Amendment. Chaudhry Iftikhar’s judgment which was supposed to be done by a larger bench rendered it ineffective and now only a parliamentary commission is left which is not effective and cannot impact the judicial commission in any way. Therefore, there is a need to bring transparency as the integrity of our judges is now under question; there is an issue with their consistency, and even now issues regarding their educational degrees are coming to the fore. So there is a need for scrutiny; there is a need for transparency and a mechanism is being developed which is welcome.
Legal experts said that the Constitutional package also has points for the rotation of judges. If judges from Islamabad come to Balochistan judges from Balochistan come to Islamabad, judges from Karachi come to Islamabad, or Rawalpindi from Karachi, it will improve harmony among the higher judiciary. There will also be an opportunity to see each other closely. Judges of small high courts will learn more by going to big high courts. Similarly, judges of big high courts will be able to create an atmosphere of learning more by going to small high courts. If ten judges are to be recruited, then two will be session judges and the rest will be recruited from the lawyers themselves. In this way, the judges from outside will improve the skills of the judges and the lawyers will also learn from them.
No one can disagree with the opinion that the justice system of Pakistan needs reforms
Legal experts say that in the same way, the increase in the seats of the Balochistan Assembly in the constitutional package is also an upright and long-awaited move because it would help to mitigate propaganda that the people of Balochistan province are ignored.
In light of the above facts, these constitutional amendments should not be subjected to politics. Those elements who are becoming part of judicial politics may not want these amendments to be made.
No one can disagree with the opinion that the justice system of Pakistan needs reforms for a long time. These constitutional amendments will make the country’s justice system functional for the common Pakistani.
