Treasury, opposition benches engage in heated debate on 'constitutional package'

Khawaja Asif rules out politics, says amendment draft aims at removing constitutional imbalance

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Defence Minister Khawaja Asif (left) PTIs Asad Qaiser (centre) and Federal Law Minister Azam Nazeer Tarar speak during NA session in Islamabad on September 16, 2024. — Screengrab via YouTube/@NaofPakistan
Defence Minister Khawaja Asif (left) PTI's Asad Qaiser (centre) and Federal Law Minister Azam Nazeer Tarar speak during NA session in Islamabad on September 16, 2024. — Screengrab via YouTube/@NaofPakistan

Treasury and opposition benches on Monday engaged in a heated debate during the National Assembly session amid the ongoing political saga revolving around the incumbent government's prospective constitutional amendment bill.

Today's lower house of parliament session comes after the ruling coalition apparently failed to manage the required numbers i.,e a two-thirds majority in parliament despite strenuous efforts on Sunday which arguably centred around Jamiat Ulema-e-Islam-Fazl (JUI-F) Chief Maulana Fazlur Rehman's assent to the proposed amendments.

The session, originally scheduled to commence at 11am yesterday finally got underway late night and was then deferred till today has now been adjourned indefinitely.

The possibility of the prospective constitutional amendments comes amid speculations revolving around an extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa — who is set to retire in October this year — after the Pakistan Tehreek-e-Insaf (PTI) sought an early issuance of notification regarding the next top judge last month.

However, the government needs to secure a two-thirds majority in parliament to successfully pass any constitutional amendment.

After yesterday's efforts failed to convince the JUI-F head to lend his support, senior Pakistan Muslim League-Nawaz (PML-N) leader Senator Irfan Siddiqui, while speaking to Geo News earlier in the day, claimed that the government's bid to table the constitutional package has been "postponed indefinitely".

He revealed that though Fazl's "arguments were well-justified" and didn't oppose the amendments on principle grounds, adding that he needed more time to review the amendment draft.

Constitutional equilibrium in focus

Speaking on the NA floor, Defence Minister Khawaja Asif said that in the government’s opinion, the constitutional amendment draft aimed at removing the constitutional imbalance and there was no politics involved in it.

The constitution allowed the parliament to legislate, he said.

He said the amendment draft had been talk of the town for few days, when a consensus would be reached on it then it would be floated in the House.

"As per the wishes of 250 million people, the institution has to be respected as mentioned in the Constitution.

"The constitutional court exists in several countries of the world. It is not that this court will be run by the government, it will also be run by the judiciary," he said, apprising the assembly that 2.7 million cases were pending in the courts.

The defence minister remarked that parliament's role in appointing judges should not be a rubber stamp. Their role should be a manifestation of the people’s power, he maintained.

Asif noted the draft’s summary had been presented before the parliament and in his opinion nobody would differ with it.

Commenting on the negotiations on the said amendments, Adviser to Prime Minister Rana Sanaullah said that meetings with the JUI-F chief were not "abortive" but they achieved results.

He added that Fazl and PPP Chairman Bilawal Bhutto-Zardari had decided to broaden the scope of consultation for the good of democracy.

"It is not something fruitless or a matter of winning or losing," he said, adding that today’s NA meeting would be adjourned indefinitely to complete the consultation process.

Amendment should be debated in House

Addressing the session, PTI leader Asad Qaiser thanked the speaker for issuing production orders for his party leaders. He also saluted Fazl for his bravery and courage over his stance on the constitutional amendments.

Qaiser said the law minister himself said he did not have the draft, questioning where did the draft come from.

"The government must bring amendments but first they should be discussed in the House. Whereas, you are sneakily legislating in the night during holidays,” he said.

He said if the government wanted to introduce a law, it should be shared with the bar association and debated in the house so that people could know about it.

Draft to be revealed after cabinet's approval

Responding to Qaiser, Law Minister Azam Nazeer Tarar said the draft would be brought forward once the bill was presented in the house.

"If the bill’s draft had not been sent to the cabinet, then how it could be brought to the House?" he asked.

"First the matter is raised in the cabinet, then cabinet’s special committee scours it. After passing through the cabinet and special committee, the bill goes to the parliament," he said.

Referring to the proposed constitutional amendment, Tarar said it was a "working paper" at the moment and its draft would be brought forward after getting cabinet’s approval.

He said it was a package for the masses, which contained good news for them, as fate of numerous court cases hanged in the balance for 18 years.

The PML-N leader apprised the forum that the government had consulted its allies on the matter. The constitutional amendment was not a new thing, it was a part of the Charter of Democracy, he added.

Tarar further said it was the parliament’s job to set the country’s direction, stressing that the chief justice would not fix rates for commodities.

He said some things had attained the political consensus, while proposals have come on the others.

"Proposals have come from the Baloch friends, Maulana [Fazl] and the PPP on some matters," he said, adding that the amendments would be made in consensus with the political parties.