News
Saturday, April 10, 2010
SCBA rejects 18th Amendment
* Secretary Raja Zulqarnain claims bill has ‘altered’ basic structure of constitution
* Nobody will be allowed to undermine independence of judiciaryBy Masood Rehman
ISLAMABAD: The Supreme Court Bar Association (SCBA) has rejected the 18th Amendment Bill – which was unanimously adopted by the National Assembly on Thursday – and decided to evolve a strategy to launch a movement against the amendment that has “changed the basic structure of the constitution”.
SCBA Secretary Raja Zulqarnain told Daily Times that the 18th Amendment had “altered” the basic structure of the constitution. About the mechanism for the appointment of judges to superior courts, he said the judiciary had been made “subservient to parliament instead of making it independent”. He said Clause 6 of the amendment – which substituted Article 17 of the constitution to do away with political parties’ obligation to hold intra-party elections for office-bearers and party leaders – indicated that “a dictatorship was being established in the name of democracy”.
He said during the adoption of the amendment in the National Assembly, “lawmakers did not say a single word that could have been against the will of their party leadership... showing it is a rubberstamp parliament”.
Justice (r) Anwar Mansoor Khan – who recently resigned as attorney general – claimed the mechanism for the appointment of judges was “inappropriate”, and said the Supreme Court’s decisions should be final. “Empowering parliament to upset SC decisions is inappropriate, whichever way you see it.” Former law minister Dr Khalid Ranjha also expressed reservations over the procedure for the appointment of judges. He said being a lawyer, “I am not clear on the procedure provided in the amendment, and the judiciary has reservations over it as well... political involvement in appointment of judges is not just”.
Former SCBA vice president Muhammad Ikram Chaudhry and a majority of other lawyers also expressed reservations over the procedure for the appointment of judges provided in the amendment on the basis of “politicians’ involvement in the process”.
SCBA President Qazi Muhammad Anwar was not available for comment.
Meanwhile, former SCBA president Ali Ahmed Kurd supported the provisions of the amendment, and said, “The amendment has overhauled the constitution, which had been undermined by military dictators.” Also, Justice (r) Fakhruddin G. Ebrahim said the passage of the 18th Amendment would not only strengthen parliament, but also block the way of dictatorships. He said parliament had “cleansed” the constitution of mala fide amendments. However, he did not comment on the mechanism for appointment of judges.
Meanwhile, sources said some lawyers’ associations were planning to challenge the 18th Amendment in the Supreme Court immediately after it became a law. A joint meeting of vice chairmen, chairmen, executive committees and coordination committees of the Pakistan and provincial bar councils is being held today to discuss the amendment.
Courtesy www.dailytimes.com.pk