PPP Lawyers Rally Against Proposed Federal Constitutional Court Amid Government’s Struggles with Amendments
The government’s plan to establish a Federal Constitutional Court (FCC) as the new apex court has sparked significant opposition from lawyers within the Pakistan People’s Party (PPP) and the Independent Group. The proposal has caused a rift among key legal figures, including prominent PPP-affiliated lawyers, despite the party’s leadership actively pushing for the court’s creation.
The Islamabad Bar Council, led by Raja Aleem Abbasi, along with influential figures such as Islamabad High Court Bar Association President Riasat Ali Azad and Islamabad District Bar Association President Israr Abbasi, have voiced strong opposition to the FCC.
Despite their political ties to the PPP, they are against the formation of a new apex court, citing concerns over judicial independence.
In protest, these leaders organized an All Pakistan Lawyers’ Convention at the Islamabad Judicial Commission, which drew over a thousand lawyers. During the convention, former senator Mustafa Nawaz Khokhar accused the government of attempting to undermine the judiciary by making it subordinate to the executive.
JUI-F Senator Kamran Murtaza, another key member of the Independent Group, has played a significant role in opposing the FCC. His resistance has forced the government to reconsider its strategy, focusing solely on establishing the FCC. Reports suggest that Murtaza had a heated exchange with a senior government minister during a parliamentary meeting.
The JUI-F, led by Maulana Fazlur Rehman, is expected to propose a draft of constitutional amendments soon. The party has made it clear that any amendment allowing Chief Justice of Pakistan (CJP) Qazi Faez Isa to continue in office will be rejected.
Legal experts note that if the retirement age for FCC judges is set at 65, CJP Isa would have to retire on October 25. Hamid Khan, head of the Professional Lawyers’ Group, expressed disappointment with CJP Isa’s conduct, while a member of the Independent Group warned against making serving judges controversial. Meanwhile, the Pakistan Bar Council has proposed 65 as the retirement age for FCC judges.
The government is now working to gather enough support in Parliament to pass the constitutional amendment bill. However, it faces challenges in securing the necessary votes. While PPP Chairman Bilawal Bhutto Zardari has taken a lead in advocating for the FCC, legal experts within the ruling PML-N have remained mostly silent. Some within the government have suggested forming a constitutional bench within the existing Supreme Court, rather than creating a separate court.
Lawyers believe that most Supreme Court judges plan to challenge the proposed amendment, citing a previous ruling that constitutional amendments should not violate judicial independence. Critics argue that the FCC is being proposed to limit the power of independent judges and increase government control over the judiciary.
All eyes are now on the federal government as it prepares to table the constitutional amendment, but reports suggest it still lacks the parliamentary support needed to move forward.
