Not a Constitutional Court, a Bench will be Formed, the Chief Justice will be Appointed From Among the 3 Most Senior Judges, The Government has Completely Changed the Original Constitutional Package.

Islamabad: The government has completely changed its original constitutional package by abandoning the idea of ​​establishing a federal constitutional court and also proposed that the appointment of the new chief justice of the Supreme Court should be made by three senior members of the Supreme Court. In the constitutional package, the idea of ​​establishing a federal constitutional court has been abandoned and the establishment of a constitutional bench in the Supreme Court has been recommended, while the Supreme Judicial Council and the relevant parliamentary committee have also been proposed to be restructured. is According to informed sources, the draft constitutional package provided by the government on Thursday to the Special Parliamentary Committee (a committee that considers constitutional amendment packages made up of various political parties) presents a composition that, if approved by Parliament, would This will pave the way for the current Chief Justice Justice Qazi Faiz Isa to retire on October 25. 

The revised constitutional package prepared by the government after its recent consultations with the People's Party and Jamiat Ulema-e-Islam (F) did not guarantee that Justice Mansoor Ali Shah would be the country's next Chief Justice. In the draft of the constitutional package, the parliamentary committee regarding appointment of judges has been empowered to recommend to the Prime Minister for approval the names of the three most senior judges of the Supreme Court for the appointment of the Chief Justice. According to sources, although the JUIF agrees with this change in the procedure for the appointment of the Chief Justice, the JUIF insists that it will be done in the future after the appointment of Justice Mansoor Ali Shah as the Chief Justice on the existing principle of seniority. be implemented. In the constitutional package of the government, the idea of ​​setting up a federal constitutional court has been abandoned and the establishment of a constitution bench in the Supreme Court has been recommended. This constitutional bench will be constituted by the Supreme Judicial Commission and not by the government or the Chief Justice. 

The government has talked about reconstituting the Supreme Judicial Commission and has recommended that its members will include 6 judges and 7 non-judges, including the Law Minister, the Attorney General, the Supreme Court. A retired judge, representatives of the legal community and parliament will be involved. The constitutional package has also proposed to reconstitute the parliamentary committee in proportion to the representation of political parties in the parliament. The procedure for appointing judges that was part of the 18th Amendment, which was later changed to the 19th Amendment after the intervention of the Supreme Court, will be reintroduced. It has also been proposed to give constitutional protection to the existing procedure for appointment (including extension) of Service Chiefs. Another amendment proposed by the government allows anyone to hold dual citizenship for 90 days after being elected as a member of Parliament. After 90 days he has to resign from his seat or renounce his foreign citizenship.