Federal Law Minister Azam Nazeer Tarar has stated that the constitutional amendments package currently circulating is temporary. A draft is not finalised until it is approved by the cabinet.
Addressing a meeting of representative organisations of lawyers, Law Minister Azam Nazeer Tarar expressed his gratitude to the Supreme Court Bar Association for providing him with the opportunity to speak.
Tarar said that negotiations with the Pakistan People’s Party (PPP) regarding legislation were held in late February. He was part of the team negotiating with the PPP, which had demanded judicial reforms. These reforms were also part of their manifesto, and the PPP had emphasized completing the unfinished agenda of the Charter of Democracy.
The law minister explained that there are various stages in the legislative process, something lawyers are well aware of. He reiterated that the package currently circulating is temporary. A draft remains temporary until it is approved by the cabinet, after which it is presented to the parliament. The issue can then be referred to a committee. Since this matter concerns a constitutional amendment, it requires a two-thirds majority for approval.
Tarar added that the Charter of Democracy, the suggestions of bar councils, and the demands of political parties were all considered in the amendments.
He said that it has been repeatedly pointed out that the weakness of the justice system is the reason terrorism has not been eradicated. Our youth make sacrifices. Are the mothers of those who are martyred in uniform not Pakistani? Are their widows, not our sisters? When their children become orphans, do their veins carry water instead of blood? He added that during acts of terrorism, bomb blasts, and attacks, both military personnel and civilians were martyred. How many convictions have been handed down by the anti-terrorism courts in such cases?
The law minister further mentioned that the Charter of Democracy, introduced in 2006, called for the establishment of a constitutional court. A constitutional court is a separate entity that would exercise powers under specific constitutional articles. His vision is for this court to comprise 7 or 8 judges, with representation from all provinces and Islamabad.
He questioned whether the current constitutional framework allows for the establishment of such a court. He called upon all bar councils to form committees of legal experts to guide them on the matter. “I am part of you,” he said, encouraging suggestions on the appropriate model for a constitutional court.
Azam Nazeer Tarar clarified that the judicial reforms package contains only four key provisions, while the other 40 elements mostly involve inserting the term “constitutional court” throughout the legal text.
He mentioned a proposed amendment to Article 9A of the Constitution, which pertains to ensuring a clean and transparent environment. This amendment aims to reduce environmental pollution and improve environmental conditions.
Regarding amendments related to the Judicial Commission, the law minister said that the commission and the parliamentary committee have been unified. A proposal has also been made to establish a permanent secretariat for the Judicial Commission.
Tarar questioned, “If a judge in a high-ranking position is not performing his duties, should we not send him home?” He added that the performance of judges in every provincial high court will be evaluated. He asked, “Is this related to judicial independence? The committee should tell us if it is.” He also noted that the retirement age for judges has been set at 68, emphasizing that it should not be the case that a judge retires just four months after being appointed.
The law minister proposed that the Prime Minister should appoint the Chief Justice on the President’s advice. Once the Judicial Commission is fully formed, it will handle the appointments. The Chief Justice of the Constitutional Court will chair the Judicial Commission.
The minister also mentioned amendments related to the transfer of judges. Previously, transfers were made on the recommendation of the Chief Justice to the President. Under the new amendment, transfers will be handled by the Judicial Commission. If the chairman of the Judicial Commission does not call a meeting, one-third of the commission members can convene it. Members of the Judicial Commission will also be able to propose candidates for judicial appointments.
Regarding the question of Faez Isa being favored, the Federal Law Minister responded that laws should not be made with a single person in mind. “We could have said that the current Chief Justice will also be the Chief Justice of the Constitutional Court, which would have solved the issue, but we did not make such a decision.”
He further emphasised that the retirement age extension was never part of the package, and the current retirement age for judges remains unchanged.
Tarar recalled an incident when a senior opposition leader had said that he was no longer fit to appear before a bar council. “This is why I’m here today,” he said, highlighting that the representatives of bar associations from all four provinces were present. “I’m ready to sit with the bar councils every day.”
Farooq H. Naek: We Must Examine If the Constitutional Court Affects Judicial Independence
Supreme Court Bar President Shehzad Shaukat, while responding to the law minister’s speech, remarked that it would have been better if the bar had been consulted before the constitutional package was prepared.
Farooq H. Naek also spoke at the event, noting that the Constitution is a living document, not a dead one, and that living documents can be amended over time.
Naek pointed out that the Objectives Resolution emphasizes the protection of judicial independence. He also referenced the existence of constitutional courts in other countries, stating that establishing a constitutional court is a necessity of the times. He noted that civil and criminal cases are pending in the Supreme Court and stressed the need to assess whether a constitutional court would conflict with judicial independence. If it does not, then the constitutional court should be established.
Naek further noted that all Western democracies have constitutional courts, as do Egypt and Indonesia. He pointed out that Pakistan’s first constitution was enacted in 1956, with a second one following in 1962. The 1973 Constitution, which resulted from a consensus between the government and the opposition, included a constitutional amendment in 1973.
Naek questioned why the establishment of a constitutional court was not included in the 18th Amendment. He suggested that a committee be formed, with the government sharing the draft with all stakeholders to finalize the establishment of the court. He emphasized that the draft should serve the interests of the nation, democracy, and the country’s survival.
Azam Nazeer Tarar: Justice Faez Isa to Serve as Chief Justice Until 25th October
After the All Pakistan Lawyers Convention, organized by the Supreme Court Bar Association, Law Minister Tarar told journalists that any draft will be finalized after seeking consensus within parliament. He added that the proposed draft is likely to be further refined.
He emphasized the need for transparency in the appointment and accountability processes for judges and called on the higher judiciary to meet the public’s expectations.
He concluded by clarifying that Justice Qazi Faez Isa would remain Chief Justice of Pakistan until 25th October. After that, the senior-most judge of the Supreme Court will take over as Chief Justice on 26th October.
