ISLAMABAD: Advisor to the Prime Minister Rana Sanaullah on Friday said that even after the approval of the 27th Constitutional Amendment, the authority to appoint Services Chiefs will remain with the government.
The federal cabinet and Senate meetings were postponed due to the reservations of the Pakistan Peoples Party (PPP). If the PPP’s concerns regarding amendments related to provincial autonomy or changes in the NFC persist, the 27th Amendment will be passed without those proposals, he added while talking in Geo News show ‘Naya Pakistan’.
Senator Rana Sanaullah said that the PPP and PMLN had already signed the Charter of Democracy regarding the Constitutional Court. He stated that there should be equal representation for the provinces, and their proposal also ensures equal representation with no discrepancy. Running the provinces is the federation’s responsibility, and running the federation is the provinces’ responsibility; these matters must be resolved through mutual understanding. A positive dialogue has begun on this.
There are various proposals that do not reduce the NFC award, and a parliamentary committee with representation from all parliamentary parties will be formed to review them. A solution acceptable to all can be sought. Efforts have been made to persuade all allies, meetings have been held, various issues have been discussed, and everyone is presenting their viewpoints. It is decided that amendments will be made on points of consensus, while issues without consensus will continue to be debated and addressed in the future.
Regarding the draft, Rana Sanaullah said that last time, there was much dispute over drafts, and everyone had their own version. He stated that three to four days are sufficient for debate, as the debate on the Constitutional Court has been ongoing for 20 years. Discussions will be held in the standing and parliamentary committees.
Sanaullah further said that there was a lot of fuss about the transfer of high court judges, even though that authority lies with the government. The government is giving its authority to the Judicial Commission voluntarily.
Regarding the Election Commission, if the prime minister and the leader of the opposition cannot even talk or meet, the matter cannot remain stalled. A 45-day limit is being imposed; if no decision is reached, the matter will go to the Judicial Commission, which will include names from both the opposition and the government, and the best candidate will be selected from them.
“The impression that the government has a majority in the Judicial Commission is wrong; even with all its members, including the Speaker’s nominee, the government does not have a majority. If any judge has been appointed without the judiciary’s judges being involved, please give me one example. If the five senior-most judges of the high court and the chief justice of the high court are confirming a judge, does their opinion not matter?” Rana Sanaullah questioned.
Meanwhile, Prime Minister Shehbaz Sharif has called a cabinet meeting for today (Saturday) morning at 10:00 am regarding the approval of the 27th Amendment.
According to sources, the prime minister will chair the federal cabinet meeting via video link from Baku. The draft of the 27th Constitutional Amendment will be approved in the federal cabinet.
According to sources, the cabinet will now approve the points on which there is a consensus between the Pakistan Peoples Party (PPP) and the government. The controversial points will be postponed for now.
Meanwhile, Speaking at a crowded press conference at Bilawal House after the PPP Central Executive Committee meeting, PPP Chairman Bilawal Bhutto-Zardari said that there is consensus among the PPP’s CEC members on the issues of the Constitutional Court, Article 243, and judicial transfers, adding that the powers of the president and the principle of civilian supremacy will remain unaffected after passage of the proposed 27th Amendment.
Bilawal said the party supports the government on amending Article 243 (which relates to the armed forces) and stands in favour of establishing a Constitutional Court. He stressed that other points included in the Charter of Democracy should also be discussed.
He stated that the government’s proposal for making progress regarding the Constitutional Court in the country under the proposed 27th Constitutional Amendment was consistent with the Charter of Democracy, and that the PPP, in principle, supported it. “We will see which other clauses can be agreed upon through consensus,” he said.
Bilawal reiterated that the PPP had already expressed its support for the amendment to Article 243. Regarding the transfer of judges, he said the PPP had presented its own proposal suggesting that both the chief justice of the court from which a judge is being transferred and the chief justice of the court to which the judge is being transferred should be members of the judicial commission deciding the transfer. “The commission should also have the authority to hear the concerned judge’s viewpoint before making its final decision on the transfer issue,” he explained.
On other matters, such as dual nationality (of the government servants) and the Executive Magistracy, Bilawal said consensus could not be achieved within the party, and therefore, the PPP would not support the remaining clauses of the proposed amendment at this stage.
He reaffirmed that under the National Finance Commission (NFC) Award, the provinces’ fiscal share could only increase, not decrease, and vowed that the PPP would protect the rights of the provinces in this regard. He further said the PPP prioritised local government elections, recalling that it was due to the PPP’s efforts that local governments received constitutional protection. However, he reiterated the party’s opposition to non-party-based local government elections.
Bilawal emphasised that the 27th Amendment would not curtail the powers of the President of Pakistan, or dilute the principle of civilian supremacy, adding that the government had suggested empowering a parliamentary committee to decide on judicial transfers instead of the president acting on the chief justice’s advice.
“The PPP’s proposal is that the chief justices should have voting rights within the Judicial Commission, which should decide on transfers after hearing the concerned judge,” Bilawal said.
He admitted that no consensus had been reached within the party on issues like dual nationality of the government servants and the role of executive magistrates.
Answering a question, Bilawal said that agreement had been reached on three to four key points and that the proposed 27th Amendment could be passed on that basis. He declared that if other political parties, such as the PMLN, could obtain a two-thirds majority for changes to the 18th Amendment or NFC Award, they were free to do so, but the PPP would never compromise on these two areas.
Bilawal said that Sindh had the strongest local government system in the country, and that in case of any national disaster, both the president and the prime minister would extend assistance to the provinces under the NFC framework.
He asserted that the NFC Award gave rightful shares to all provinces and that PPP would continue to protect these rights. “Our stance on the NFC is clear: the federation is facing economic challenges and must overcome them without depriving the provinces,” he maintained.
Responding to criticism over the NFC, Bilawal clarified that the previous NFC award had been given even before the 18th Amendment, and after that, the provinces had been assigned additional responsibilities, which must now be fulfilled.
He concluded that the strongest demand for implementation of the NFC Award was coming from Sindh, where the people stood firmly in its support. “It is the federal bureaucracy and the FBR that have failed, not the NFC,” Bilawal remarked, adding that the NFC Award has granted the provinces their legitimate rights.
Meanwhile, Jamiat Ulema-e-Islam-Fazl (JUIF) has expressed its readiness to conditionally support any amendment to Article 243 of the Constitution under the 27th Constitutional Amendment, provided it does not weaken democracy.
Responding to a question at a press conference after a JUIF parliamentary party meeting, Maulana Fazlur Rehman said they would support an amendment to Article 243 if it pertained to administrative matters.
“We will not oppose an amendment to Article 243 if it does not have negative impacts on democracy, but an administrative matter is a separate issue,” the JUIF leader said.
Fazl made it clear that the JUIF meeting decided they would not accept any amendments that were withdrawn by the government during the passage of the 26th Amendment. “It would be an insult to Parliament if the same 34 clauses, which were withdrawn from the draft of the 26th Amendment bill on our demand, are brought before the two houses again,” he said.
He also maintained that there would be no compromise on the rights of the provinces as protected under the 18th Amendment, with particular reference to the NFC Award. He further noted that the issue of madrassa registration is still pending, and efforts are being made to register seminaries with the Ministry of Education.
Meanwhile, Pakistan Tehreek-e-Insaf (PTI) has demanded that National Assembly Speaker Sardar Ayaz Sadiq appoint Mahmood Khan Achakzai as the Leader of the Opposition, arguing that he commands the support of the majority of the opposition.
A PTI delegation met with Ayaz Sadiq and presented their position on the opposition leader’s appointment. The Speaker informed them that the matter is currently sub judice and will be considered after a court decision is reached.
Ayaz Sadiq urged the PTI leaders to play a constructive role in Parliament, emphasising that members should advance the legislative process effectively and positively in the national interest.
The NA Speaker stressed that it is imperative for all political and democratic forces to move forward through mutual consultation to solve the country’s problems, adding that he is always ready to play a role in improving relations between the government and the opposition.
Following the meeting, PTI Chairman Barrister Gohar Ali Khan stated that, given the large number of members on their side, they are entitled to have an opposition leader after submitting signatures from 74 members.
He reported that the Speaker informed them the issue is before the court and that a notice had been received from the Supreme Court. The Speaker assured them that progress would be made as soon as the official copy is received from the Supreme Court.
Barrister Gohar maintained that Article 243 pertains to the armed forces, noting that amendment proposals have been brought forward before, and the party will comment only once the specific draft related to the Article is revealed. The PTI chairman emphasised that constitutional amendments should be made by consensus. Barrister Gohar also addressed the Khyber Pakhtunkhwa House issue, calling it an important office. “We condemn sending police there. If a warrant must be served, it can be done through the court’s bailiff,” he concluded.
Meanwhile, a 32-member joint parliamentary committee has been constituted to review and finalise the draft of the 27th Constitutional Amendment Bill. Following federal cabinet’s approval, the draft of the amendment bill will be presented in the Senate by Law Minister Azam Nazir Tarar. After presentation Senate Chairman Yusuf Raza Gilani will refer the bill to the Joint Committee on Law and Justice of Parliament for consideration.
