ISLAMABAD: The Constitutional Package (Proposed Bill), which aims to amend various provisions to the 1973 Constitution, particularly related to independence of judiciary, has been challenged before the Supreme Court.
Former president Supreme Court Bar Association (SCBA) and five members of Pakistan Bar Council (PBC), on Monday, filed a petition under Article 184(3) of Constitution, and cited the Federation through secretary Ministry of Law and Justice, chief secretaries of all four provinces, secretary National Assembly and Senate, and principle secretaries to the Prime Minister and the President as respondents.
The petitioners submitted that the proposed amendments to the constitution would transfer the vested powers of the Supreme Court and the High Courts, as granted by the constitution, to the Executive and entirely annihilate the principles of independence of judiciary and separation of powers.
They stated that the proposed amendments amounts to abrogation of the Constitution and are in violation of the basic structure of the Constitution and Articles inter alia 4, 6, 8, 9, 10A, 16, 17, 25, 68, 63A, 175A, 184, 199 of the Constitution and therefore, liable to be set aside.
The petitioners maintained that the Proposed Bill poses a threat to the rule of law, access to justice, separation of powers and the independence of the judiciary, and targets a specific political party, thereby making it person-specific, and liable to be suspended.
The Proposed Bill has been shrouded in secrecy, indicating sheer mala fide on behalf of the Parliament. The prime minister on 14-09-24 convened a federal cabinet meeting to approve a draft of the Proposed Bill, which was to be presented at the National Assembly session.
Copyright Business Recorder, 2024
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