Constitutional Secrecy

On September 15 entirety of Islamabad’s power corridors were beset by rumours and media speculations about constitutional amendments bill being passed. The usual procedure to pass a bill is that first it is discussed and approved in the cabinet then sent to the National Assembly Speaker and then the Chairman Senate. However, on September 15 the entire day and even in late hours of the night the instructions to the parliamentarians of the ruling party were to stay within the four walls of the Parliament.

The most interesting bit was that nobody knew about the draft of the proposed constitutional bill. And finally late in the night the news came that cabinet, parliament’s and senate’s sessions have been postponed indefinitely.

Therefore, more secrecy and curiosity surrounding the constitutional amendment spread. However, gradually from various sources the actual agenda started being revealed which was the formulation of a Federal Constitutional Court that would bypass the Supreme Court.

Initially, it was being stated that the ruling government wants 22 judges instead of 17 and the age of the Chief Justice to be 68. The main beneficiary of which would be the sitting Chief Justice of Pakistan whose retirement date is due on October 25 and the next Chief Justice would be Mansoor Ali Shah on seniority basis. The sitting Chief Justice had said on more than one occasion that he doesn’t want any extension. The very next day clarification of the spokesperson of the Chief Justice came about that he wouldn’t individually take extension but if it’s members of the bench of Supreme Court decide on it then he wouldn’t mind being included.

On the other hand the incarcerated leader of PTI thinks and thought that his party couldn’t get a symbol for elections only because of Chief Justice Qazi Faez Esa’s decision. The result of which manifested in PTI now not existing as a party in the National Assembly.

Another aspect of the constitutional bill is that the government needs 2/3rd majority in the Assembly. The shrewd politician Maulana Fazlur Rahman of JUI-F became the game changer who has 8 MNAs and 7 Senators. And this is why the rest of the coalition went scrambling to Maulana.

Now the entire bars and courts have started speaking openly about the bill which has created more trouble for the government. One would say that paradoxically there is no more secrecy the cat is out of the bag. By hook or crook, the government wants the creation of Federal Constitutional Court.

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