By Afshain Afzal

The last few weeks witnessed the general public is denied access to three dropdowns sub-menus of the Main Navigation Menu on the official website of the National Assembly of Pakistan. These include; Bills introduced in the National Assembly, Bills Passed by in the National Assembly and Bills in the Majlis-e-Shoora (Parliament). All others and dropdowns are perfectly working. Similarly, the Senate of Pakistan’s official website neither shows the Constitution 26^th Amendment Bill, 2024 nor Bills before the Senate, Private Members’ Bills, Government Bills and Bills passed by the Senate. This has been done by design to deceive the Pakistani nation. At midnight 20/ 21 October 2024, other than commentary by the media, nowhere on the earth text of the Constitution 26^th Amendment Bill, 2024 or the approved Amendment is available. Although, we do not have the slightest doubt over the loyalties of members of the Parliament including the opposition party, who after consultation with party chief Imran Ahmed Khan Naizi announced non-participation in voting but consensus and approval of the 26^th Amendment but the matter is too serious to be over sighted.

It is claimed by the politicians that "The Constitution 26th Amendment Bill, 2024 is in the wider interest of the country while adhering to the oath of national development and public welfare.” But, the Constitution of the Islamic Republic of Pakistan has been defeated through the Constitution 26th Amendment Bill, 2024. The 18th Amendment defeated the Federation of Pakistan and now independence of judiciary has become subservient to the Parliament and the Executive. Under Article 175 of the constitution, the constitution must be followed with regard to the judicature. It also provides that the judiciary should be separated from the executive. However, the present Amendment provides the establishment of a Special Parliamentary Committee consisting of twelve members responsible for judicial appointments.

It is worth laughing that Pakistan would be having three Supreme Courts; The Supreme Court of Pakistan, The Federal Shariat Court of Pakistan and Federal Constitutional Court. One wonders which is Adalat-e-Uzma and which is not. The new arrangement would turn the Supreme Court of Pakistan not more than a High Court of Appeal and The Federal Shariat Court of Pakistan having no relevance and one expects its future merger into the Federal Constitutional Court or part of a surplus pool.

One wonders from where Pakistan gets such novel ideas. We have the Supreme Court of the United Kingdom, which is the final court of appeal in the UK for civil cases, and for criminal cases as well as it hears cases of the greatest public or constitutional importance affecting the whole population. The Supreme Court of the USA is the final arbiter of the law and when the Supreme Court rules on a constitutional issue that subject judgment is final. Its decisions can only be altered by a rarely f constitutional amendment or by a new ruling of the Court. In India, the Supreme Court is the final court of appeal for all civil and criminal cases as well as it decides constitutional issues.

A constitution is the most sacred document for every sovereign nation. The helm of affairs of the country including the rights and privileges, the law and regulations, and duties and obligations are embedded in the constitution. In short, the constitution provides all the procedures; how is to be country is run? The latest introduction of the 26th constitutional amendment is a matter of serious concern for the independence of the judiciary and the preservation of the constitution. We must not hesitate in highlighting whatever is in the national interest weather it is a suggestion or recommendation by ordinary Pakistani citizens or elected members of the assembly. To be precise the Constitution 26 Amendment should not be passed, as we can smell future troubles and hidden agenda, which will be attained through this amendment. Honourable Speaker of the National Assembly and Senate are requested not to approve this amendment in haste without making the original approved bill on the official websites and getting proper feedback.