Political Developments and Constitutional Amendments in Pakistan
With the coalition partners having given their approval for the constitutional package, the ruling Pakistan Muslim League-Nawaz (PML-N) party is set to introduce the 27th Constitutional Amendment in the National Assembly next week. This move comes after the Pakistan Peoples Party (PPP), a major allied partner, has largely agreed on all the clauses of the amendment.
At the recent meeting of the Central Executive Committee (CEC), PPP Chairman Bilawal Bhutto-Zardari expressed his party’s support for amending Article 243 and forming a constitutional court. He emphasized that the PPP will engage in dialogue with the government not only on the establishment of a Constitutional Court but also on the implementation of other unfinished agendas of the Charter of Democracy (CoD). However, he made it clear that his party will never compromise on defending the constitutional protection of the provinces’ financial shares.
Bilawal Bhutto Zardari reiterated the PPP’s support for the amendment to Article 243 under the government’s proposed 27th Constitutional Amendment. He stated, “We will support this amendment, vote for it, and in every way, we believe it is appropriate and justified.” He further noted that the recent victory against India has earned the country respect, and now that these measures are being given constitutional and legal cover, the PPP fully supports them.
The establishment of a Constitutional Court, according to Bilawal, is part of the PPP’s election manifesto and a key component of the CoD. He said, “In principle, the PPP supports the idea of Constitutional Courts, but there are also other unfinished agenda items of the CoD. We will, God willing, engage with the government to see which of those remaining points can be built upon through consensus.”
Regarding the transfer of High Court judges, the government has proposed abolishing the current process of approval and consultation, instead assigning this authority to a Parliamentary Judicial Committee. Bilawal welcomed the inclusion of Parliament’s role in the process but advised the government that while the President should initiate the process, the Chief Justices of the relevant High Courts should also be voting members of the Judicial Committee. He added that the committee could also summon the judge being transferred to hear their opinion, making the process more transparent.
However, the CEC meeting could not reach a consensus on several proposals, including those related to dual nationality, the Election Commission, and executive magistracy. Therefore, Bilawal is not in a position at this time to either vote for or support those (constitutional) proposals on behalf of his party.
In response to a journalist’s question, Bilawal pointed out that the Constitution clearly states that the provinces’ share in the NFC Award can be increased but not decreased. He said that as long as the PPP remains in Parliament, it will continue to defend the constitutional protection granted to the provinces’ financial shares. He highlighted that the PPP prioritizes the local government system, and the constitutional protection granted to local government elections exists because of the PPP. He reiterated that the PPP has always opposed non-party-based local government elections.
Sindh’s local government system, compared to other provinces, enjoys greater political, administrative, and financial autonomy. Bilawal added that when the PML-N approached them for support on the 27th Amendment, it did not include any discussion regarding the local government system.
In response to another question, Bilawal said that the 27th Constitutional Amendment will have no impact on the powers of the President or on civilian supremacy. He mentioned that whatever economic challenges the federation may be facing, the PPP wishes to see them resolved, but the government will have to engage with them based on facts.
Rejecting the impression that the 18th Amendment has created difficulties for the federation, Bilawal explained that during the previous PPP government, the NFC Award was implemented first, and the 18th Constitutional Amendment was passed afterward. He added that despite the additional responsibilities assigned to the provinces under the 18th Amendment, their financial resources have not increased proportionally. Relevant forums such as the Council of Common Interests (CCI) and the NFC exist for discussions on these matters.
In a final note, Bilawal said that Maulana Fazlur Rehman will be warmly welcomed whenever he wishes to visit.