Bilawal Bhutto vows to establish constitutional court

Karachi: Chairman Pakistan People’s Party (PPP) Bilawal Bhutto Zardari has emphasized the urgent need for reforms in the “fractured” judicial system, ensuring that every citizen receives their fundamental right to timely justice. He reiterated his resolve to establish the constitutional court to ensure that no elected Prime Minister is ever unjustly hanged again. He also clarified that his party stands against any legislation aimed at benefiting or harming an individual.

In a statement, the PPP Chairman highlighted that under his proposed amendments, the constitutional court would provide equal representation to all provinces, with the position of Chief Justice rotating among them.

While addressing the Sindh High Court Bar Association here on Tuesday, Chairman Bilawal Bhutto Zardari stated that he belongs to the family and party that gifted the country its Constitution. He remarked that their history includes facing authoritarian regimes, where they witnessed the whims of dictators dismantling the 1973 Constitution with just a blink or a gesture. He added that they also witnessed how judges allowed dictators to undertake actions that kept democracy and the Constitution at bay for decades.

Chairman condemned the tearing apart of the nation’s Constitution, adding that the saddest part was that judges permitted dictators to amend it. With a touch of irony, he noted how they were once labeled as corrupt to the extent that the Constitution and laws didn’t seem to apply to them. He said that in Pakistan’s democratic system, judges could only tolerate one instance of a Provisional Constitutional Order (PCO), yet during the first PCO oath, democracy and the Constitution appeared unthreatened.

He recalled the generational sacrifices made by his party for the restoration of democracy so that people could elect representatives who would make laws according to their will. He mentioned that Shaheed Mohtarma Benazir Bhutto signed the Charter of Democracy (CoD) to ensure that if Pakistan’s system were to be corrected and democracy restored, agreements like the Charter must be implemented. He added that after passing the 18th Amendment and restoring the 1973 Constitution, they fulfilled Shaheed Mohtarma Benazir Bhutto’s unfinished mission.

Chairman Bilawal Bhutto Zardari pointed out that former Chief Justice Iftikhar Chaudhry was not a revolutionary but a PCO judge. He said that long before the Justice Chaudhry’s tenure, Shaheed Mohtarma Benazir Bhutto decided to establish a constitutional court, initiate judicial reforms, and ensure timely justice for the people.

He stated that they have learned from the past, expressing great respect for the legal community. He stressed that lawmaking cannot happen through courts, yet judges, through Articles 184 and 186, have granted themselves the power to legislate. He said that if the citizens of this country are to receive timely justice, and there is to be no disparity between provinces, then a federal constitutional court is essential. He outlined that in his proposed reforms, each province will have equal representation in the federal constitutional court, with the position of Chief Justice rotating among them to ensure fairness.

The PPP Chairman further noted that 90% of the judiciary’s time is spent on political cases, which constitute only 15% of the total cases. He stressed that if they are serious about providing justice to the public, institutions should be allowed to focus on the work they were established for. He mentioned the long struggle to abolish Articles 58(2)(b) and 63(A), which were used as tools to unconstitutionally dismiss democratic governments, and how eventually, they were repealed. Regrettably, the courts later adopted these powers by dismissing elected Prime Ministers and amending the Constitution themselves through rulings on 63(A).

Addressing the lawyers, Chairman Bilawal Bhutto Zardari urged them not to doubt his intentions when it comes to the supremacy of the Constitution. He vowed to personally fight for constitutional supremacy, ensuring that all provinces receive fair representation. He emphasized that they will establish a constitutional court to prevent any future Prime Minister from facing unjust execution and to ensure that justice is served for the people of Pakistan.

In response to questions, Chairman PPP remarked that if one were to observe the systems in the U.S. or the U.K., there are no restrictions on breaking party lines. Members of parliament there are free to vote against their party. He further explained that the amendment they introduced to 63(A) was not previously part of the law. Under this amendment, members of parliament were required to follow their party’s line on constitutional amendments, the budget, and no-confidence motions, but they still retained the right to cast their vote.

He further stated that in the mentioned article, it was written that if any parliamentarian votes against the party line on these crucial matters, their vote would still be counted. However, neither we nor any court has the authority, nor should we have it, to force a parliamentarian to strictly follow the party line.

Chairman Bilawal Bhutto Zardari said that the decision on Article 63-A was given with a specific intent. We do not want floor-crossing to be easy; we want strict punishment for those who do it. When they face the risk that a by-election will be held in their constituency as a result of floor-crossing, they will think carefully before casting their vote. He further added that if it is declared that a parliamentarian who crosses the floor will be disqualified for life and their vote will not be counted, it means you are threatening that member who might not agree with the budget, IMF conditions, or a constitutional amendment, but you are coercing them into voting under the threat of lifelong disqualification.

The PPP chairman said that constitutional reforms are a new concept for those “whose history begins with the vote of no confidence.” He said that in the world, a vote of no confidence is the only democratic parliamentary method, and this power lies with the parliament, not with a judge or a general. For the first time in the country’s history, a prime minister was ousted through a vote of no confidence, whereas previously, dictators or judges were the ones who sent elected prime ministers home.

Chairman Bilawal Bhutto Zardari clearly stated that both the current Chief Justice Qazi Faez Isa and Justice Mansoor Ali Shah, who were part of the bench that ruled Shaheed Zulfikar Ali Bhutto innocent, are highly respected by him.