The petitioner urges the Supreme Court to protect its own jurisdiction and the High Courts
A petition has been filed by Senior Advocate Barrister Ali Tahir in the Supreme Court under Article 184(1). 3, which challenged the proposed 27th amendment.
The petition challenges the amendment’s provisions regarding the powers of the Supreme Court and the High Courts. It contends that judicial review under Article 184(1) 3, and Article 199 is 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, untouched by constitutional adjustments.
The petition warns that the amendment, if passed, would prevent the Supreme Court and Supreme Court from hearing constitutional issues. It adds that the proposed changes would cripple the justice system and render the courts toothless.
It calls on the Supreme Court to protect its own and the Supreme Court’s competence. Other aspects of the amendment may be reviewed later, but the petition stresses that the independence of the judiciary must not be compromised.
Read: The judiciary in the spotlight as the government prepares the constitutional bill
The petition emphasizes that protection of the judiciary is a cornerstone of democratic governance worldwide, citing examples from international courts.
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 original draft is speculated to amend Articles 199 and 200. The rumored changes are
- The role of the President and Prime Minister in judicial appointments will be reduced, with more power vested in the Supreme Judicial Commission
- A Federal Constitutional Court of nine members, replacing the existing Constitutional Court of the Supreme Court
- The retirement age for judges of both 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 act as the country’s highest court. The Supreme Court is likely to be converted into an appellate court through the 27th Amendment.
This was reported by a court official who has knowledge of the case Express Pakinomist that after the expected 27th constitutional amendment, it has been proposed to move the Constitutional Court to the premises of the Federal Sharia 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 court official added that the Federal Sharia 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.
It is learned that the government is considering allotting the Federal Sharia Court (FSC) premises to either the FCC or the existing Supreme Court.
Sources revealed to The Express Pakinomist that a senior federal minister visited the FSC premises on Wednesday evening for inspection. Later, a delegation of FSC judges approached the Supreme Court on Thursday to express their concerns over the government’s plan to move the Shariat court.
Other reported changes are
Article 243
- Amended Article 243 to rename the position of Chairman of the Joint Chiefs of Staff to Strategic Command, and added a new position to the Constitution
- Reintroduce and regularize the post of field marshal
Read also: The cabinet delays the meeting on the 27th amendment
Article 160
- The Center gets a bigger share of the pie and its share in the National Finance Commission (NFC) Awards increases by 10% – from 42.5% to 52.5
- In the event of deadlock over the appointment of the Chief Election Commissioner, the matter will be referred to the Supreme Judicial Commission
- Provinces hand over autonomy over education and health sectors (18th Amendment) to the Centre
Following its approval at the Federal Cabinet meeting, the amendment is set to be tabled in the Senate.
