Barrister Saif Calls Constitutional Changes a ‘Breach of Democratic Principles’

Khyber Pakhtunkhwa Chief Minister’s Adviser on Information, Barrister Mohammad Ali Saif, sharply criticized the proposed constitutional amendments on Wednesday, calling them an “insult to the Constitution and democracy.”

In a statement, Barrister Saif questioned the authority of the current parliament to introduce these amendments, labeling it as “incomplete and unconstitutional.” His comments come amid ongoing discussions about a constitutional package developed by the ruling coalition, which allegedly includes provisions for extending the retirement ages of judges in both the high court and the Supreme Court.

The Pakistan Muslim League-Nawaz (PML-N), despite having support from its coalition partners like the Pakistan Peoples Party (PPP), has postponed the introduction of these constitutional amendments in parliament, even after claiming to have the necessary votes. This delay was prompted by the Jamiat Ulema-e-Islam-Fazl (JUI-F), which declined to support the ruling coalition, leaving them short by 13 votes in the National Assembly and nine in the Senate. The proposed legislation requires a two-thirds majority in both chambers.

Regarding potential negotiations with the government, the spokesperson for the Khyber Pakhtunkhwa government stated that such discussions would imply acceptance of the February 8 elections, which the Pakistan Tehreek-e-Insaf (PTI) has repeatedly called rigged. The spokesperson emphasized that negotiating would legitimize an “unelected and illegitimate government,” asserting that since February 8, the opposition has consistently labeled the current government as unrepresentative.

To pass the constitutional amendments, the ruling coalition needs 224 votes in the National Assembly and 64 in the Senate. Currently, reports indicate that the treasury benches hold 211 members, while the opposition consists of 101 MNAs. Despite JUI-F chief Maulana Fazlur Rehman’s refusal to support the amendments, describing them as a means to protect the coalition government, the PML-N’s adviser on political affairs, Rana Sanaullah, hinted at a potential “minimum consensus” among political parties regarding the controversial judicial amendments, which also involve a proposal for establishing a constitutional court—an initiative PPP Chairman Bilawal Bhutto has vowed to pursue.

The Prime Minister’s aide noted that discussions with other political parties concerning the judicial package are ongoing. The PPP and JUI-F are reportedly working on their draft amendments, which could be reviewed in upcoming consultative sessions after Prime Minister Shehbaz Sharif returns from the United States. The expectation is that the government will introduce the constitutional package once a “minimum consensus” is achieved.

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