LAHORE: Following Bilawal Bhutto’s efforts to convince Maulana Fazlur Rehman on the issue of constitutional amendments, the establishment of a Constitutional Court now seems certain. However, the real question is whether Justice Qazi Faiz Isa will be able to become the first Chief Justice of this court. This depends on whether an agreement can be reached to increase the retirement age of judges. Government sources suggest that the PML-N still considers Justice Isa an ideal candidate for the position, but Maulana Fazlur Rehman is opposed to increasing the retirement age of judges, while Bilawal Bhutto has also stated that no amendment should benefit an individual personally.
Meanwhile, reports indicate that Maulana Fazlur Rehman and Bilawal Bhutto have drafted a joint proposal for constitutional amendments and are now working to convince Nawaz Sharif. Maulana Fazlur Rehman has made it clear that his draft will not include any amendments he has already rejected. However, government insiders reveal that there will be a strong effort during Maulana’s meeting with Nawaz Sharif to persuade him to extend the retirement age of judges. To assist with this, former President Asif Ali Zardari has also arrived in Lahore from Islamabad to play his part in convincing Maulana Fazlur Rehman.
The government believes that extending the retirement age would pave the way for Justice Qazi Faiz Isa to easily become the first Chief Justice of the Constitutional Court. Should this proposal fail, the next option would be to include a clause in the proposed amendments allowing any retired Chief Justice of the Supreme Court to head the Constitutional Court. However, this proposal is likely to be met with resistance from Maulana Fazlur Rehman as well.
There is speculation that the Election Commission may announce its decision on reserved seats before the constitutional amendments package is presented in Parliament. Should the Election Commission reinstate the ruling coalition’s two-thirds majority, the government would no longer require Maulana Fazlur Rehman’s votes. However, such a decision would go against the Supreme Court’s ruling, which could have serious repercussions.
Legal experts suggest that if the government successfully establishes the Constitutional Court, the Supreme Court’s political role will diminish, with all politically charged cases being referred to the Constitutional Court. Nonetheless, there remains concern within government circles about taking the risk of appointing Justice Mansoor Ali Shah as Chief Justice, given his overt political leanings in favour of the PTI’s political agenda. For this reason, the proposed amendments include a recommendation that future Chief Justices of the Supreme Court be selected from the three most senior judges. If passed, this would eliminate any chance of Justice Mansoor Ali Shah becoming Chief Justice, ensuring a balanced outcome.
It’s worth noting that both the PPP and JUI-F have publicly shared drafts of the 26th Constitutional Amendment in recent days. However, the ruling PML-N has yet to formally present its draft. Maulana Fazlur Rehman has announced that his party has reached an agreement with the PPP on the constitutional amendment and is now working to align other political parties with this consensus.
Senior government members indicate that the PML-N’s draft is largely based on recommendations that emerged last month. The responsibility for preparing the draft was assigned to the Ministry of Law, with assistance from the Ministry of Parliamentary Affairs. Conversations with PPP and JUI-F leaders, as well as senior PML-N members, suggest that the 26th Constitutional Amendment will focus primarily on judicial matters, including the formation of a new Constitutional Court, appointments of judges to superior courts, and redefining the powers of the Supreme Court.
An analysis of the PPP’s draft reveals that they support the establishment of Constitutional Courts at both federal and provincial levels. The PPP and PML-N have also proposed that the Chief Justice of the Constitutional Court be appointed by the Prime Minister, with the appointment of other judges being carried out in consultation with the Chief Justice of the Constitutional Court.
The PML-N has proposed increasing the retirement age of judges to 68 from the current 65 years. However, both the PPP and JUI-F are opposed to this suggestion. Additionally, the PPP and PML-N have recommended merging the Judicial Commission and the Parliamentary Committee for the appointment of judges to higher courts. Currently, the Chief Justice of the Supreme Court holds the power to recommend judges, while the Parliamentary Committee acts as a rubber stamp. The critical question remains: will the government succeed in appointing Justice Qazi Faiz Isa as the head of the Constitutional Court?
