The Supreme Court Bar Association (SCBA) has recently taken a significant step towards reforming Pakistan’s judicial system by agreeing to form a committee focused on key changes, including the establishment of a Federal Constitutional Court. This initiative reflects a growing recognition of the need for judicial reform in the country. The committee will comprise members from various bar associations, including the Pakistan Bar Council and provincial councils, and is expected to present its findings within a week.
The SCBA has made it clear that while the parliament possesses the authority to amend the Constitution, any proposed changes must not violate its fundamental structure. This is a critical point, as it underscores the importance of maintaining the integrity of the Constitution while pursuing necessary reforms. The association has called for consultations regarding the formation of the constitutional court and emphasized that only elected representatives of lawyers should have the authority to call for strikes, ensuring that the voices of the legal community are respected and heard.
Minister Tarar highlighted that the proposed Federal Constitutional Court aims to clarify the suo motu powers under Article 184, which have often been a source of contention. The court is designed to represent all federal units, thereby promoting inclusivity and fairness in the judicial process. The demand for such a court can be traced back to the Charter of Democracy, a landmark agreement signed by former prime ministers Nawaz Sharif and Benazir Bhutto.
In addition, Minister for Information Attaullah Tarar noted that extensive consultations with political parties regarding the constitutional package are ongoing, with the goal of achieving consensus on the draft bill. This collaborative approach indicates a commitment to ensuring that any reforms are broadly supported, paving the way for a more effective and accountable judicial system in Pakistan. Through these efforts, the legal community aims to enhance public trust in the judiciary while upholding democratic principles.
