The proposal of a new constitutional court has stirred up concerns among lawyers, reminiscent of past dictatorships. The government’s plan to introduce a Federal Constitutional Court (FCC) under the ‘Constitutional Package’ faces backlash from senior lawyers and former SCBA president, terming it an encroachment on judicial independence.
The draft amendments aim to modify the powers of the apex court by empowering the FCC to interpret the Constitution, hear appeals against laws, and resolve disputes between federal and provincial governments. The reshaped Judicial Commission would include the chief justice and senior FCC judges in the appointment of judges.
Legal experts warn that these amendments could undermine the judiciary’s independence, limiting the Supreme Court’s jurisdiction. A petition has been filed to prevent the bill from being tabled in parliament, with concerns about a ‘neo-PCO judiciary’ being established.
The proposed changes have raised alarm at a critical time for Pakistan’s democratic and economic stability, potentially impacting the IMF loan program. Postponement of the amendments reflects sensitivities to legislative changes affecting governance and economic structures.
Published in Dawn, September 17th, 2024