Constitutional Amendments: Supreme Court raises key question

The Supreme Court on Tuesday adjourned the hearing of identical pleas filed against the 18th and 21st Constitutional Amendments, raising a question that on what grounds the basic structure of the Constitution could be made a reason to declare an Amendment null and void.
Advancing his arguments before a 17-judge full bench led by Chief Justice Nasirul Mulk in the matter on behalf of Sahiwal, Sanghar and Gujrat Bar Associations, senior lawyer Hamid Khan questioned the formation of Parliamentary committee on judges' appointment under Article 175 A of the Constitution. Hamid Khan argued that the UK Parliament has been kept away from the domain of judges' appointment not to publicize or politicise the institution.
To which, Justice Jawwad S Khawaja observed that in the UK a huge public response was a major reason to keep the parliamentarians away from the process, adding that in Pakistan, however, a Parliamentary committee was formed in response to a national demand. Justice Asif Saeed Khosa remarked that there is a need to examine the historical perspective for a Parliamentary Committee on judges' appointment, saying the Pakistan Bar Council has passed two resolutions in the matter whereas Supreme Court Bar Association also passed a resolution.
He further observed that former Justice Saeeduz Zaman Siddiqui also emphasised the role of Parliamentary Committee. However, Justice Asif Saeed Khosa said that the Parliamentary committee on judges' appointment only confirms the names forwarded to it by the Judicial Commission and in case of rejection of the nomination, it has to record the reasons by sending the matter back to the Judicial Commission. Justice Khosa categorically asked Hamid Khan as to why there is distrust for politicians, saying politicians created the country and gave constitution to the nation.
Hamid Khan said that Parliamentarians intend to 'strengthen' the Committee on judges' appointment. Chief Justice Nasirul Mulk said that so many appointments were made through the present system in the last five years, and the judges have passed many judgements. It is pertinent to mention that two of 25 parties to the matter have withdrawn their pleas filed against 18th Constitutional Amendment under Article 184 of the Constitution on April 27. The hearing of the matter was adjourned till April 29 (today).