By The Supreme Court has ruled that proposed constitutional amendments cannot be challenged at this stage, as they have not yet been passed by parliament. Concerns were raised by lawyers regarding the government’s alleged attempts to amend the Constitution “secretly.”
A petition from former Supreme Court Bar Association president Abid Shahid Zuberi aimed at halting the government’s presentation of the ‘Constitutional Package’ in parliament was returned by the SC registrar’s office. The registrar noted that the petition posed “hypothetical questions” and emphasized that the power to make laws lies solely with parliament until a law is enacted.
The registrar also pointed out that the petition did not include members of the National Assembly and Senate as respondents, despite them holding legislative power. The inclusion of federal and provincial government officials as respondents was deemed inappropriate, as they hold immunity under Article 248 of the Constitution, which protects high officeholders from being answerable in court for actions taken in their official capacity.
Additionally, the registrar highlighted that the petitioners identified themselves as advocates and members of the Pakistan Bar Council (PBC), but the Legal Practitioners and Bar Councils Act prohibits lawyers from being parties in such matters. The registrar advised petitioners to seek authorization from their respective legal bodies before proceeding.
In response, the PBC expressed serious concerns over the government’s approach to amending the Constitution. During a meeting led by Vice Chairman Farooq Hamid Naek, the PBC criticized the secrecy surrounding the proposed legislation, calling it a potential violation of parliamentary norms and democratic values. They also noted that such actions could harm the reputation of parliament and its members. The committee discussed the proposed amendments and made revisions, deferring further discussion until their next meeting on September 25.
