Govt, Fazl agree over Constitutional Court, other amendments

ISLAMABAD: After much speculation the details of 26th constitutional amendment has come to public as reported by the ARY News on Monday.

Sources said that the original draft of the constitutional amendment has been changed with scores of amends on the demand of Maulana Fazlur Rehman. “The government side and JUI-F chief have agreed on minimum agenda over scores of points with the efforts made by Bilawal Bhutto Zardari,” according to sources.

“The amendments with regard to military court in Article 51 and 200 have been withdrawn on demand of the JUI-F head,” sources said. “Proposed clause with regard to increasing the judges age-limit to 68 years, has also been taken back”.

“The government and Fazlur Rehman have reached to agreement over establishment of the constitutional court,” sources said. “A retired judge of the Supreme Court will be head of the constitutional court”.

“First appointment of the head of the constitutional court will be made by the President on the advice of the Prime Minister,” sources said. “Appointment of remaining judges of the court will be made from the five high courts on the basis of eligibility,” according to sources.

Sources said that the constitutional court will comprises of five to seven judges, and it will hear the cases pertaining to constitutional matters.

Maulana Fazlur Rehman and the government have also agreed over amendment in Article 63-A and the floor-crossing vote will also be counted, sources said.

The sides also agreed over abolition of the 19th Amendment to restore the 18th Constitutional Amendment in its original shape, according to sources.

The parties also agreed over merger of the judicial commission and the parliamentary committee for appointment of judges.

The sides also consented to abolish the election commission’s role in appointment of the caretaker prime minister. “A 12-member parliamentary committee will appoint the caretaker PM with equal members from treasury and the opposition,” sources said.

“In case of disagreement within the committee, the judicial commission will appoint the caretaker prime minister,” sources said.

The sides also agreed over appointment of the chief election commissioner by the judicial commission and abolishing entitlement of the prime minister and the opposition leader for appointment of the CEC.

A panel of five judges will be summoned for appointment of the Chief Justice of the Supreme Court and the parliamentary committee will decide about the CJ, sources further said.

The sides also decided not to introduce amendment about rotation of the high court judges.

The draft of the proposed 26th constitutional amendment has only been shared with Bilawal Bhutto and Maulana Fazlur Rehman. It has been decided that the 26th Amend will not be passed in hurry.

Those aspects of the proposed legislation, have disagreement, will not be made part of the constitutional amendment draft. “A constitutional draft comprises of agreed parts of legislation will be prepared by the next week,” sources added.