Constitutional modification cannot be challenged in any courtroom, says Tarar amid PTI opposition

Senator Azam Nazeer Tarar addressing a press conference in Islamabad on August 31, 2022. — APP
Senator Azam Nazeer Tarar addressing a press convention in Islamabad on August 31, 2022. — APP

Responding to Pakistan Tehreek-e-Insaf’s (PTI) announcement of difficult the not too long ago enacted twenty sixth Constitutional Modification, Legislation Minister Azam Nazeer Tarar asserted that an modification, carried out by parliament with two-thirds majority, can’t be challenged in any courtroom.

Talking on the Geo Information programme ‘Aaj Shahzeb Khanzada Kay Sath’, the minister stated that Article 239 of Structure of Pakistan empowers Parliament to amend the Structure or perform a laws with a two-thirds majority.

“Its clause 5 clearly states that the amendments to the Structure of Pakistan can’t be challenged in any courtroom,” Tarar stated.

Clause 5 of Article 239 states, “No modification of the Structure shall be known as in query in any courtroom on any floor in any respect.”

He additionally cited clause 6 which states, “For the elimination of doubt, it’s hereby declared that there isn’t a limitation no matter on the facility of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Structure.”

The minister famous that the federal government was first contemplating to determine constitutional courtroom, a transfer which he says was additionally supported by Pakistan Individuals’s Celebration (PPP) Chairman Bilawal Bhutto-Zardari.

Nevertheless, he stated, the previous international minister again tracked from the constitutional courtroom following assembly with JUI-F chief Maulana Fazlur Rehman. “The cleric steered to kind constitutional benches — a suggestion the federal government accepted.”

He additional stated that the chief justice-led Judicial Fee of Pakistan (JCP) has the authority to nominate judges for the constitutional benches.

“If a petition relating to interpretation of Structure or putting down the modification — which isn’t attainable beneath Article 239 — comes and is in some way taken up, it will likely be heard by the bigger constitutional bench, constituted by JCP,” Tarar added.

A day earlier, PTI chief Shoaib Shaheen stated that the social gathering would problem the twenty sixth Constitutional Modification within the Supreme Court docket, calling it an “assault” on the nation’s judicial system.

Currently, the ruling coalition led by PM Shehbaz Sharif, after weeks of political manoeuvrings and deliberations, lastly managed to go the contentious twenty sixth Constitutional Modification invoice, empowering the nation’s parliament to select the following CJP from among the many three most senior Supreme Court docket judges.

The amendments introduced quite a few adjustments to the nation’s judicial system, together with taking away suo motu powers, formation of constitutional benches, and efficiency evaluations of excessive courtroom judges.

In mild of the recent amendments, a Particular Parliamentary Committee nominated Justice Yahya Afridi, third on the seniority record (excluding the incumbent CJP Qazi Faez Isa), as the following chief justice of Pakistan.

Subsequently, President Asif Ali Zardari accepted Justice Afridi’s appointment beneath clause 3 of Article 175A learn with Articles 177 and 179 of the Structure, in keeping with a notification issued by the Ministry of Legislation and Justice.