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Constitutional court must to end provincial disparity: Bilawal

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Says judicial reforms would be undertaken in line with Charter of Democracy; Claims legislation cannot be done via court

 

PPP Chairman Bilawal Bhutto-Zardari on Tuesday said that a federal constitutional court was “a necessity to end provincial disparities”, among other things.

The Federal Constitutional Court was part of a broader set of legislation, which the government wanted to introduce under the controversial ‘Constitutional Package’.

Addressing the Sindh High Court Bar Association on the issue, Bilawal said: “If we want to strengthen this judicial system, want that our citizens are given speedy justice and that there is no longer any disparity between the provinces, which is the most important thing, then an FCC is a necessity and a need.”

He said when the PPP demanded that an FCC be formed, it also stressed that equal provincial representation would be required, with its chief justice on rotation, allowing every provincial representative to have their turn at the position.

Bilawal said the process of judicial appointments needed reform. Stressing the need for constitutional courts, he said only 15 per cent of the Supreme Court’s cases were constitutional, “yet these occupy 90pc of [the court’s] time”. The Federal Constitutional Court will hear the constitutional and political cases. “We will make the FCC as we decided in the past and it will look at issues of the Constitution and political cases,” the PPP leader said.

“We will ensure we will make the constitutional court” so no prime minister could be removed from office.“ “We will implement the Charter of Democracy,” he said.

He said constitutional legislation and lawmaking could not be made by the court. ”The constitutional court has been necessary and a compulsion,” Bilawal Bhutto said.

“Think, you are sitting in court for the purpose that responsibility is not being fulfilled,” he said. “We want to provide justice to common people,” he said. “The judges had warned to throw the 18th Amendment. The 19th Amendment in the constitution was passed under duress,” Bilawal Bhutto said.

“We want to empower the judicial system for immediate justice,” he said.

He said the constitutional court and judicial reforms are not a new idea. “It is necessary for the supremacy of the constitution to ensure equal rights to all provinces,” he said.

“It will be better to form the constitutional court with mutual consultation,” he added. Bilawal continued that the parliament had replaced the judges’ appointment procedure with a globally recognised law via 18th amendment.

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