Islamabad: Although the Supreme Court’s majority order on July 12, directing the Election Commission to allocate reserved seats to PTI, did not impact the functioning of the federal government led by PML-N, it is creating obstacles for the judicial package, which cannot be approved without a two-thirds majority.
The government’s response to the July 12 order indicates that its plan to restructure the judiciary has been severely affected. It is reported that the proposed draft of the judicial package includes a recommendation to extend the retirement age of each Supreme Court judge by three years. This extension would benefit the current Chief Justice the most, as his retirement is scheduled for October 25. Immediately after the July 12 order, government officials began suggesting that PTI hopes for a new Chief Justice who might potentially send the current government home after Justice Isa’s retirement.
Political analysts suggest that the government fears that election tribunals in Punjab may soon decide on electoral petitions. Currently, a five-member larger bench headed by Chief Justice Qazi Faez Isa has suspended the Lahore High Court’s decision regarding the appointment of six new election tribunals.
This matter is still pending in the Supreme Court. To counteract the effects of the July 12 majority order, the government has made amendments to the Election Act 2017. Notably, the Election Commission has neither implemented the new law nor the July 12 order. The government continues its plans to pass the judicial package but faces difficulties in both the National Assembly and Senate in approving constitutional amendment bills.
In the lower and upper houses, JUI-F’s MNA Noor Alam has submitted two bills for constitutional amendments related to the judiciary. Similarly, PML-N MNA Daniyal Chaudhry seeks to increase the number of Supreme Court judges from 17 to 23. Sources indicate that while the government is attempting to exert pressure on the judiciary, it is also using backdoor methods to gain the support of the prospective Chief Justice, Mansoor Ali Shah.
In a historic majority decision by the Rawalpindi Bar Association, it was stated that if the independence of the judiciary is violated, the constitutional amendment could be annulled. Currently, the government is not facing resistance from the Chief Justice. Observers also note that the government is trying to take advantage of the division within the Supreme Court.
Senior lawyers argue that since July 12, the government has been pressuring majority judges to avoid contemptuous language in the detailed verdict. They believe that pressure on judges will continue until the appointment of the new Chief Justice and the issuance of the detailed verdict. Advocate Abdul Muiz Jafri said that the government attempted to complicate the judicial structure but failed to gather the required number of supporters, a situation easily attributed to a lack of public support or a legitimate mandate.