- Says Constitution and the law both say that Justice Shah will be the next CJP
ISLAMABAD: Government’s legal adviser Barrister Aqeel Malik on Sunday claimed that the National Assembly session will be convened in the first week of October to table and approve the controversial “Constitutional Package.”
Speaking during a programme at private TV, Barrister Aqeel said that approval of the package was an “ongoing process,” stressing the need for consensus before it is presented in parliament.
“When you’re seeking a broader consensus with the major parties… we do not want anyone to have any disagreement when it is presented,” he said. “It is under discussion.”
Aqeel confirmed that of the 55 amendments proposed, amendments to Articles 8 (laws inconsistent with or in derogation of fundamental rights to be void) and Article 243 (command of Armed Forces) had been withdrawn.
The package is a set of amendments to the Constitution, one of which will aim to fix the tenure of the Chief Justice of Pakistan (CJP) for three years.
The legislation was expected to be introduced in the National Assembly and the Senate after the government failed to table it as previously scheduled, despite hectic efforts to garner the required support.
“The amendment (to Article 8) did not aim to affect anyone’s fundamental right,” Aqeel maintained, adding that the aim was to ensure transparency and cited the example of publicising the proceedings of military trials and anti-terror courts.
Aqeel added that the amendments to Article 243 had been “put on the back burner”, expanding that the amendment revolved around the tenures for service chiefs.
“The retirement age in the military can be changed through an act of parliament,” he said. “The amendment would ensure that tenures of service are better defined, to ease pressure on the government.”
Asked if amendments to Article 243 would extend the terms of CJP Qazi Faez Isa and Chief of Army Staff General Asim Munir, Aqeel replied, “You can relate this to that, but the age limit is still under consideration. We need to start somewhere.”
Aqeel added that the proposed age limit is being discussed, with a range of 66-68. “We do not want to put an age limit in place where some people would be ruled in or ruled out,” he added.
“This is not person-specific,” he emphasised. “Everyone is under consideration.”
Barrister Aqeel highlighted that one of the amendments would be the insertion of Article 9A — the fundamental right to a clean, green, and sustainable environment.
He said that this was a major success and added that if passed, “this will be the world’s first parliament to make environmental policy a constitutional right.”
Asked if there was a final draft, Aqeel clarified that there will be one by March or April next year. “We have taken our allies onboard. We also did our homework on Maulana sahib before calling the meeting,” he added, referring to JUI-F chief Maulana Fazlur Rehman.
“Maulana sahib received two detailed briefings from the law minister… we have removed some of the things he had reservations with”, Aqeel explained. “With regards to age, there are issues that persist which our teams are working on.”
When asked why Fazl did not agree to the amendments, Aqeel replied that they were unable to reach an understanding with the JUI-F chief regarding two or three clauses mentioned.
“I expect that by the first week of October, Maulana sahib will agree to the clauses,” he said. “By that time we will have reached a broader consensus with the opposition. He is developing his own working paper, as is Bilawal.”
“We have our own paper with our own edits,” he added. “Once everything is ready, we will have a meeting and present what we have.”
To question when government will notify Justice Mansoor Ali Shah as the new CJP, Aqeel responded that under Article 175A, Sub Article 3, Shah will be the next chief justice of the Supreme Court, calling it law of the land.
“The media is really pushing for his notification,” Aqeel aid. “Qazi Faez Isa is expected to retire on October 25 — when that happens we will issue the notification before his retirement.”
“The Constitution and the law both say that Mansoor Ali Shah will be the next chief justice.”
