By The Pakistan Bar Council (PBC), the country’s highest regulatory body for lawyers, has proposed an amendment to Article 68 of the Constitution to allow parliamentary discussions on judgments made by the Federal Constitutional Court (FCC). This proposal is part of the 26th Constitutional Amendment Bill.
A source from the Ministry of Law disclosed that the federal government is currently reviewing the amendment, which aims to lift the existing restrictions on parliamentary discussions regarding the conduct of FCC judges. This amendment would revise the current exclusion of the Supreme Court and high courts from Article 68, which currently prohibits such debates.
The PBC’s executive committee has reviewed the proposed amendments in several meetings and submitted them to the government recently. Law Minister Azam Nazeer Tarar presented the draft constitutional package to the PBC in line with a declaration from the Lawyers’ Representative Convention organized by the Supreme Court Bar Association (SCBA). The convention raised concerns about the appointment process for the first FCC chief justice, suggesting it could be politicized and favor the executive.
Among the key recommendations from the PBC is a provision for parliamentary scrutiny of FCC rulings. They also proposed amendments to Article 63A, clarifying that votes cast against a party’s direction would be counted, although the member would face a five-year disqualification.
Further suggested changes to Article 175A would expand the Judicial Commission of Pakistan (JCP) to include two parliamentarians each from the Senate and National Assembly, representing both the government and opposition. The PBC also recommended adding the chief justice, the senior puisne judge of the relevant high court, the provincial law minister, and an advocate with at least 15 years of experience as a nominee from the provincial bar council for a two-year term.
A notable suggestion is to eliminate the federal government’s proposal that FCC judges elevated from the Supreme Court serve a three-year term. Instead, the PBC advocates that FCC judges should serve until the age of 68 unless they resign or are removed. Additionally, an amendment to Article 179 states that the Supreme Court chief justice will retire upon completing their three-year term, regardless of age.
Meanwhile, Kashif Hanif, Vice Chairman of the Sindh Bar Council, expressed concern about the timing and secrecy surrounding the proposed constitutional package, emphasizing the need for transparency and consultation with all stakeholders. He stated that significant changes to the judicial system could have major implications for the separation of powers and judicial independence.
In a separate development, senior leaders of the Pakistan People’s Party (PPP), including Senator Sherry Rehman, Syed Naveed Qamar, and Syed Nayyar Hussain Bukhari, have held discussions with key civil society groups to communicate the party’s position regarding the FCC. Senator Rehman highlighted the importance of inclusive consultations, stating that these meetings aim to ensure broad acceptance of the initiative, similar to the 18th Amendment.
During discussions with the Human Rights Commission of Pakistan (HRCP) and the Women’s Action Forum (WAF), she stressed the PPP’s commitment to establishing the Federal Constitutional Court through consensus and consultation with all key stakeholders. In meetings with the Pakistan Institute of Legislative Development and Transparency (Pildat), Rehman and Qamar reiterated their support for a dedicated constitutional court to address constitutional matters effectively, viewing this reform as part of the unfinished agenda envisioned by former Prime Minister Benazir Bhutto to safeguard judicial independence.
