PPP Chairman Bilawal Bhutto-Zardari on Tuesday said that a federal constitutional court was “a necessity to end provincial disparities”, among other things.
The Federal Constitutional Court (FCC) was part of a broader set of legislation, which the government wanted to introduce under the controversial ‘Constitutional Package’.
A draft of the proposed amendments circulating in the media gave an idea about the government’s plan to modify the powers of the apex court. The government, which pulled back from pushing the Constitutional Package through parliament, has neither owned nor denied the rumoured draft.
As per the reported draft, the government intends to add 184(A) to the Constitution to empower the FCC to interpret the Constitution and hear appeals against any law passed by the parliament.
Likewise, under the proposed Article 184(A)(2), appeals against the decisions of high courts would also be heard by the FCC. Another proposed change is to transfer all pending appeals against the orders of high courts to the FCC after the constitutional amendment is passed. Meanwhile, the government also intends to amend the Constitution to give the FCC “exclusive and original jurisdiction” other than the Supreme Court to decide any dispute between federal and provincial governments.
Addressing the Sindh High Court Bar Association on the issue today, Bilawal said: “If we want to strengthen this judicial system, want that our citizens are given speedy justice and that there is no longer any disparity between the provinces, which is the most important thing, then an FCC is a necessity and a need.”
He said when the PPP demanded that an FCC be formed, it also stressed that equal provincial representation would be required, with its chief justice on rotation, allowing every provincial representative to have their turn at the position.
Bilawal said the process of judicial appointments needed reform. Stressing the need for constitutional courts, he said only 15 per cent of the Supreme Court’s cases were constitutional, “yet these occupy 90pc of [the court’s] time”.
“We will make the FCC as we decided in the past and it will look at issues of the Constitution and political cases,” the PPP leader said.
“We will ensure we will make the constitutional court so no prime minister could be removed from office.”
Last week, incarcerated PTI founder Imran Khan had said that the government wanted to set up a constitutional court “to bypass the Supreme Court”.
Talking to the reporters after attending the new Toshakhana case proceedings at the Adiala Jail, Khan claimed that the government was setting up the court since it was “unhappy with the Supreme Court”.
The proposed constitutional amendments were introduced to “prolong my incarceration”, he said, adding that the provisions would be detrimental to the country’s future. The former PM said the government wanted to “destroy the judiciary” by keeping the incumbent chief justice in the office to “conceal the election fraud”. He further alleged the Shehbaz Sharif-led administration “feared that a transparent probe into the alleged malpractices during the February 8 general election would badly expose them”.
