The petitioner urges the Supreme Court to protect its own jurisdiction and that of the Superior Courts
Senior advocate Barrister Ali Tahir has filed a petition in the Supreme Court under Article 184(3) challenging the proposed 27th Amendment.
The petition challenges the provisions of the amendment relating to the powers of the Supreme Court and High Courts. It maintains that the powers of judicial review provided for in Articles 184(3) and 199 are a fundamental pillar of the Constitution and cannot be abolished, suspended or replaced by a parallel system.
The purpose of the petition is to preserve the jurisdiction of the higher courts, regardless of any constitutional changes.
The petition warns that, if approved, the amendment would prevent the Supreme Court and High Courts from hearing constitutional matters. He adds that the proposed changes would paralyze the judicial system and render the courts useless.
Calls on the Supreme Court to safeguard its own jurisdiction and that of the High Courts. Other aspects of the amendment may be reviewed later, but the petition emphasizes that judicial independence must not be compromised.
Read: The judiciary in the spotlight as the government prepares a constitutional bill
The petition highlights that protecting judicial authority is a cornerstone of democratic governance around the world, citing examples from international courts.
Proposed 27th amendment
The ruling Pakistan Muslim League-Nawaz (PML-N) has finalized an initial draft of the 27th Constitutional Amendment, and Prime Minister Shehbaz Sharif has consulted coalition partners on the proposal.
It is speculated that the initial draft will modify articles 199 and 200. The rumored amendments are
- The role of the president and prime minister in judicial appointments will be reduced and more power will be given to the Supreme Judicial Commission.
- A nine-member federal constitutional court to replace the existing constitutional court at the Supreme Court
- The retirement age of judges of the Supreme Court and the Federal Constitutional Court increases by two years: from 68 to 70
The proposed creation of the Federal Constitutional Court is expected to serve as the country’s supreme court. The Supreme Court is likely to become an appeals court through the 27th constitutional amendment.
A judicial official familiar with the matter said The express PAkGazette that after the planned 27th constitutional amendment, it has been proposed to move the Constitutional Court to the premises of the Federal Shariat Court.
Read more: 27th Amendment: What we know so far
Meanwhile, the third floor of the Islamabad High Court building is being vacated and the judicial official added that the Federal Shariat Court will be shifted there. The process of moving furniture and equipment from the third floor of the IHC to another location is currently underway.
The government is learned to be considering allocating the facilities of the Federal Shariat Court (FSC) to the FCC or the existing Supreme Court.
Sources revealed to The Express PAkGazette that a senior federal minister visited the FSC premises on Wednesday night to conduct an inspection. Later, a delegation of FSC judges approached the Supreme Court on Thursday to express concern over the government’s plan to relocate the Shariat Court.
Other reported modifications are
Article 243
- Article 243 was amended to rename the position of Chairman of the Joint Chiefs of Staff Committee to Strategic Command and a new position was added to the Constitution.
- Reintroduce and regularize the position of Field Marshal
Also read: Cabinet delays meeting on draft 27th Amendment
Article 160
- The Center gets a bigger slice of the pie as its share in the National Finance Commission (NFC) awards increased by 10% from 42.5% to 52.5.
- In case there is a deadlock in the appointment of the Chief Election Commissioner, the matter will be referred to the Supreme Judicial Commission.
- The provinces give autonomy over the education and health sectors (18th Amendment) to the Center
Following its approval at the federal cabinet meeting, the amendment bill will be presented in the Senate.
