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ISLAMABAD, Nov 11 (APP):Federal Minister for Law and Justice Azam Nazeer Tarar on Tuesday said that major political parties reached a consensus on establishing a Federal Constitutional Court — a long-standing commitment under the Charter of Democracy (CoD).
Speaking on the floor of the National Assembly, he said that during the initial CoD discussions, the Pakistan Peoples Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) had agreed that constitutional amendments must always be enacted through broad consultation and consensus.
He recalled that JUI-F Chief Maulana Fazlur Rehman was taken on board, and on his suggestion, the parties had opted for constitutional benches instead of a separate court, a decision incorporated into the 18th Amendment.
The minister said the 18th Amendment had restructured the Judicial Commission in line with international democratic practices by involving the judiciary, executive, and legislature in the appointment of judges.
Later, the 19th Amendment introduced a parliamentary committee with members from both government and opposition benches.
Tarar lamented that despite these democratic mechanisms, even unanimous parliamentary decisions were sometimes overturned by individual judges, undermining the legislature’s collective will.
He said constitutional cases consumed a significant portion of the Supreme Court’s time, leaving limited space for other judicial functions.
To address the issue, political parties including the PPP, MQM, Istehkam-e-Pakistan Party, BAP, ANP, and PML-N agreed to establish a Federal Constitutional Court.
He said the court’s structure, approved by a two-thirds majority in the Senate, reflected the original CoD framework, ensuring equal representation from all federating units, including the Islamabad High Court.
Clarifying concerns over Article 184(3), Tarar said the Supreme Court’s original jurisdiction under that article had not been abolished but transferred to the Federal Constitutional Court through a new Article 175(B) with clearly defined parameters.
He said both Houses of Parliament thoroughly reviewed the proposed law through a joint committee, expressing regret that the opposition did not participate in the process.
The minister said the reforms aimed to create balance and accountability within the judicial system, addressing issues such as the misuse of suo motu powers and ambiguities in judges’ transfer mechanisms.
He described the suo motu authority as “a unique phenomenon” that had often influenced Pakistan’s political and administrative order.
He said the proposed amendment to Article 200 would empower the Judicial Commission of Pakistan (JCP) comprising senior judges, parliamentary representatives, the Speaker, the Attorney General, the Law Minister, and Bar Council members to oversee the appointment, confirmation, evaluation, and transfer of judges. Judges could be transferred temporarily or permanently, with procedural refinements introduced after detailed debate.
“These reforms are designed not to weaken the judiciary but to restore institutional balance and ensure that justice serves the public interest,” he said.
He said the Federal Constitutional Court would assume jurisdiction over constitutional interpretation, enforcement of fundamental rights, inter-provincial disputes, and presidential references, the responsibilities previously exercised by the Supreme Court.
Tarar said this structural division would allow the Supreme Court to focus on pending civil, criminal, corporate, and taxation cases, improving judicial efficiency and reducing delays for litigants.
He added that both the Chief Justice of Pakistan and the Chief Justice of the Federal Constitutional Court would retain leadership roles, with the senior-most presiding over judicial commission and policy bodies.
The minister clarified that the restructured JCP would include the Chief Justices of both the Supreme and Constitutional Courts, two senior judges from each, and a fifth jointly nominated judge.
“These reforms are not about competition but about building a cooperative judicial structure that upholds the Constitution and strengthens the federation,” he said.
Tarar also praised the Pakistan Armed Forces for their unity and professionalism in defending the nation during recent provocations from India.
He lauded COAS Field Marshal Syed Asim Munir’s leadership, strategic foresight, and technological modernization, saying Pakistan’s response was widely appreciated by friendly nations, including China, Saudi Arabia, Türkiye, and members of the OIC.
The President on the advice of the Prime Minister, shall appoint the Chief of the Army Staff concurrently the Chief of the Defense Forces, the Chief of Naval Staff and the Chief of the Air Staff.
He said that where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life.
Upon completion of the term of his command, under the law, the Federal Government shall determine the responsibilities and duties of Field Marshal, Marshal of the Air Force or Admiral of the Fleet in the interest of State.
He informed the House that the government had formally conferred the title of Field Marshal upon COAS Syed Asim Munir, describing it as recognition of exceptional military leadership and national defense.
Referring to Article 248, Tarar said that as per the constitutional amendment, no criminal proceedings whatsoever shall be initiated or continued against the president for his life and for a governor during his term of office in any court. These provisions shall not be applicable during the period the President holds a public office after he ceases to be the President.
He said the Senate had already approved the constitutional amendment, comprising fifty-nine clauses with five subject areas.
He thanked coalition partners — including the PPP, MQM, IPP, BAP, ANP, and PML-N — for their cooperation in finalizing the constitutional reform package, expressing hope that the initiative would strengthen Pakistan’s constitutional and institutional framework.