Jamiat Ulema-i-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman on Thursday said that he will not cooperate with the federal government on the Constitutional Package at any cost, stating that such an amendment could not be rushed through parliament and requires consensus.
The Supreme Court earlier today unanimously accepted a review petition against its 2022 verdict related to the defection clause under Article 63-A of the Constitution.
The verdict, pronounced by Chief Justice of Pakistan (CJP) Qazi Faez Isa, could potentially provide major relief to the government in its attempts to garner the required support to make a set of amendments to the Constitution, multiple of which pertain to the judiciary.
Fazl previously hinted at supporting the proposed formation of a constitutional court and did not reject the government’s proposals to fix the tenure of the CJP at three years or to increase the age of a judge of the apex court. He added that the Package should not be “person-specific”.
One of Fazl’s main points on the issue was the need for consensus among political parties.
“We want constitutional amendments to be made with consensus, ensuring they do not trigger political unrest in the country,” he said.
“I would like the government to postpone this amendment,” the JUI-F chief said at a press conference today. “Political differences need to be resolved and the opposition should cease protesting.”
Fazl also questioned the “urgency” with which the government was trying to rush the amendment.
“I don’t understand the haste; there is no emergency,” he said. “In its current state with its details and rules, it is incapable of being passed and supported.”
Turning to history, the JUI-F chief recalled that constitutional amendments have taken time to implement and cannot be rushed.
“Even the 18th Amendment took nine months to pass,” he added. “They are asking to pass a Constitutional Amendment within a single day. This is not possible.”
PTI stalwart and ex-foreign minister Shah Mehmood Qureshi has asked Bilawal Bhutto to oppose the Constitutional Package, adding that he must listen to both civil society and lawyers regarding the amendments and their impact.
Writing a letter titled ‘Let the Constituent Assembly of 1973 not be set on fire by the lamp of Bhutto’ to the PPP chairman from prison, Qureshi implored Bilawal to not impose the 26th amendment without the consensus of parliament.
“I do not doubt Bilawal’s intention and I am aware of Bilawal’s commitment to democracy but the nation is suspicious of the timing of this constitutional amendment,” he wrote. “Setting up a constitutional court without consulting parliament and all stakeholders will be tantamount to a PCO Court.”
The ex-minister referred to the Provisional Constitutional Order, an emergency power that suspends the Constitution in part or as a whole. In his letter, Qureshi added that any judges sworn into the constitutional court will be called, “PCO judges”.
“Any amendment without consultation will not only undermine the independence of the judiciary but also weaken the Federation,” Qureshi warned. “I am sure you would never want that.”
