An intense political debate is raging on the issue of 26th Constitutional amendment, which apart from other things envisages establishment of a Federal Constitutional Court (FCC) to deal exclusively with constitutional matters and disputes, allowing the Supreme Court to devote its attention on provision of justice to people. As per democratic traditions, the PML-N government, the PPP and JUI (F) have presented their own versions of amendments to the Constitution for this purpose while PTI is opposing any such move apprehending it would harm independence of the judiciary while the MQM (P), a government ally has conditioned its support for the constitutional package to empowerment of local governments.
The idea of Constitutional Court is not new as it is also envisaged in the famous Charter of Democracy (CoD) signed by the leadership of two popular political parties – PML (N) and PPP and such courts do exist in some other countries of the world and delivering as per expectations of their people. However, practical moves towards this end are being taken at a time when there is growing perception that higher judiciary has become politicised and delivers verdicts mostly on considerations other than the spirit of law and constitution. There were also visible attempts at rewriting the constitution, a job that is the exclusive domain of Parliament. It is also rightly being argued by some circles that priority is being given to cases of constitutional and political nature at the expense of dispensation of justice to common man and that is why number of pending cases keeps on piling up both in high courts and the Supreme Court of Pakistan. In this backdrop, the need for a Constitutional Court becomes understandable and one hopes nation-wide debate and active interest of all political parties would give clarity to proposed amendments so that the exercise becomes meaningful and productive for the system as well as the country.
However, it may also be pointed out that no system including the prevailing one was bad. The framers of constitution gave a consensus document to the nation, which has the ability to deliver in all circumstances yet problems creep in when those in power, other stakeholders and different pillars of the State transgress their limits and encroach upon powers of others. It is mainly because of lust for power and tug-of-war for centralisation of powers that no system could succeed in Pakistan during the last over seven decades despite scores of experiments done by successive rulers. The proposed Constitutional Court has the potential to stabilise the situation but much depends on level of commitment to the constitution and the law by all concerned.
