Petitioner urges Supreme Court to protect its own jurisdiction and that of High Courts
A petition was filed by senior advocate Ali Tahir in the Supreme Court under Section 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. He argues that the powers of judicial review under Articles 184(3) and 199 constitute 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, free from constitutional amendment.
The petition warns that, if passed, the amendment would prevent the Supreme Court and High Courts from hearing constitutional issues. He adds that the proposed changes would paralyze the justice system and weaken the courts.
He calls on the Supreme Court to safeguard its own jurisdiction and that of the High Courts. Other aspects of the amendment could be revisited 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 emphasizes that the protection of judicial authority is the 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 a first draft of the 27th constitutional amendment, with Prime Minister Shehbaz Sharif consulting coalition partners on the proposal.
The initial draft should modify articles 199 and 200. The supposed amendments are
- The role of the president and prime minister in appointing judges will be reduced, with more power given to the Supreme Judicial Commission.
- A nine-member Federal Constitutional Court to replace the current constitutional bench of the Supreme Court
- The retirement age of judges of the Supreme Court and the Federal Constitutional Court is increased by two years, from 68 to 70 years.
The proposed establishment of the Federal Constitutional Court is expected to serve as the country’s supreme court. The Supreme Court will likely be transformed into a court of appeals thanks to the 27th Constitutional Amendment.
A court official familiar with the case said The Express PK Press Club that following the expected 27th constitutional amendment, it was proposed to move the Constitutional Court to the premises of the Federal Sharia Court.
Learn more: 27th Amendment – What We Know So Far
Meanwhile, the third floor of the Islamabad High Court building is being vacated and the court official added that the Federal Shariah Court will be shifted there. The process of moving furniture and equipment from the third floor of IHC to another location is currently underway.
It is learned that the government is considering allocating the premises of the Federal Sharia Court (FSC) to either the FCC or the existing Supreme Court.
Sources revealed to The Express PK Press Club that a senior federal minister visited the FSC premises on Wednesday evening for inspection. Later, a delegation of FSC judges addressed the Supreme Court on Thursday to express concerns over the government’s plan to move the Sharia court.
Other reported changes are
Section 243
- Section 243 amended to rename the position of Chairman of the Joint Chiefs of Staff to Strategic Command, and a new position added to the Constitution
- Reintroduce and regularize the post of marshal
Also read: Cabinet postpones meeting on 27th amendment draft
Article 160
- The Center gets a bigger share of the pie, with its share in National Finance Commission (NFC) awards increasing by 10 per cent, from 42.5 per cent to 52.5.
- If there is a deadlock over the appointment of the Chief Election Commissioner, the matter will be referred to the Supreme Judicial Commission.
- Provinces hand over autonomy of education and health sectors (18th amendment) to Center
After its approval in the federal cabinet meeting, the amendment bill is expected to be presented to the Senate.
