Constitutional package: Tarar seeks lawyers input on changing judges retirement age

In a pivotal session with the country’s top legal bodies, Federal Law Minister Azam Nazeer Tarar on Wednesday called on lawyers to provide recommendations regarding the proposed retirement age for judges, whether it should be set at 65 or 68 years. The session, held after an in-camera meeting of the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA), comes as the coalition government faces challenges in passing its proposed constitutional amendments without a two-thirds majority in parliament.

The amendments under consideration allegedly include provisions to extend the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa, who is due to retire in October, as well as changes to the retirement age of judges.

Legal Community’s Role in Judicial Reform

Addressing the session, attended by senior lawyers, SCBA President Shahzad Shaukat, PBC Vice Chairman Farooq H Naek, and Law Minister Tarar, the minister emphasized that the circulating constitutional amendment package was merely a draft. “It cannot be called a government bill unless it is approved by the cabinet,” he clarified.

Tarar urged the legal fraternity to form committees and forward their recommendations, particularly on setting a uniform retirement age for judges. He also advocated for the establishment of a separate constitutional court in Pakistan, noting that this model is common in many Western democracies, as well as in countries like Russia, Thailand, and Indonesia.

Call for Judicial Reforms under “Charter of Democracy”

Tarar explained that the proposed judicial reforms were part of the “Charter of Democracy,” an agreement signed between the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) in 2006, aimed at bringing significant reforms to the judiciary. He noted that discussions with PPP regarding judiciary-centric reforms had taken place from January to March of this year, following the party’s push to “complete the agenda” of the Charter of Democracy.

“Our judiciary has a history, as it faces criticism and stands up for the rights,” said Tarar. He defended the government’s proposal to amend the Constitution, assuring that the representation of the federation’s units would be ensured in the amendments.

Read More: Fazlur Rehman Rejects Govt’s Draft for constitutional amendment

Criticism and Opposition

However, the event also highlighted criticism from within the legal fraternity. SCBA President Shahzad Shaukat complained that the government should have consulted lawyers’ organisations earlier in the process of drafting the constitutional package. Tarar responded by sharing four key points from the draft to address these concerns.

PBC Vice Chairman Farooq H Naek pointed out that while constitutional courts are widely recognized globally, the legal community must examine whether introducing such a court in Pakistan could affect the independence of the judiciary. He urged the PBC and SCBA to jointly submit recommendations on the composition and appointment procedures for judges in a proposed constitutional court.

Opposition’s Resistance and Coalition Challenges

The proposed constitutional amendments have faced strong opposition from the Jamiat Ulema-e-Islam-Fazl (JUI-F) and Pakistan Tehreek-e-Insaf (PTI). Two days ago, the government confirmed that the amendments had been “postponed indefinitely” after JUI-F chief Maulana Fazlur Rehman refused to support the legislation. The PTI has also condemned the draft as individual-specific legislation, aimed at extending CJP Isa’s tenure.

With the government short of 13 votes in the National Assembly and nine in the Senate, the passage of the amendments remains uncertain. Opposition parties have criticized the government for secrecy surrounding the draft, demanding that it be presented in parliament for open debate before any approval.