Judicial reforms: Has coalition govt decided on legislation with incomplete parliament?

ISLAMABAD: The coalition government has decided to go ahead with legislation on judicial reforms instead of dealing with the prime issue of an incomplete parliament following the resignations of the Pakistan Tehreek-e-Insaf (PTI) Members of the National Assembly (MNAs).

The latest move of the parliament raised many questions regarding the vacant seats of the resigned PTI lawmakers in the National Assembly before carrying out legislation in different sectors. A question also arose about whether it will be possible for the coalition government to legislate in the absence of a major political party in the country.

Judicial reforms or curtailing SC powers

Yesterday, the National Assembly has passed a resolution calling for constituting a joint special committee of both the Houses to institute requisite judicial reforms.

The resolution, moved by Law Minister Azam Nazeer Tarar, said that House believes that Parliament is the supreme legislative body of Pakistan, whereby enactment of laws, including amendments in the constitutions is the sole prerogative of the Parliament.

It said the constitution envisages tracheotomy of power amongst three organs of the State namely, the Legislature, the Executive and the Judiciary. It is the legislature which has been assigned the task of lawmaking, the Executive to execute such laws under the doctrine of separation of powers, the Judiciary to interpret laws under the doctrine of separation of power and none of the organs of the state can encroach upon the powers of others, Radio Pakistan reported.

The resolution said the Constitution of Pakistan has entrusted this parliament with certain constitutional mandates, including the power to confirm the appointments of the Judges of the Superior Court in terms of Article 175 of the constitution.

It said the judicial reforms, Parliamentary sovereignty, supremacy of the constitution and balance of power between all pillars of the State are the long pending agenda of the charter of democracy.

The resolution further said that the Parliament, being the representative of the will of the people of Pakistan, shall not allow any other institution to transgress or encroach on its powers.

Hence this House resolves to ensure the supremacy of the Parliament and the constitution in letter and spirit. The House will meet again on Thursday (today) at 4 pm.

Prime Minister Shehbaz Sharif wrote on Twitter, “The core of my argument during my speech at NA was that for a democratic system to work smoothly & effectively, it is important that all state organs act within the domains stipulated by Constitution. Without understanding this, we will be moving in a circle, getting nowhere.”

The core of my argument during my speech at NA was that for a democratic system to work smoothly & effectively, it is important that all state organs act within the domains stipulated by Constitution. Without understanding this, we will be moving in a circle, getting nowhere.

— Shehbaz Sharif (@CMShehbaz) July 28, 2022

Incomplete parliament

The PTI lawmakers in the Lower House had tendered their resignations before the elections of the prime minister in April and the seats stayed vacant so far.

Analysts said that the coalition government should complete the parliament first before carrying out legislation regarding the judicial or election reforms. They suggested that the government should accept the resignations and organise by-polls to fill the vacant seats in the NA, otherwise, the legislation on core institutional reforms will remain meaningless.