Dissecting Pakistan’s 26th Constitutional Amendment Explained | Dawn News English

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Nice show

سب محکموں کی طرح..... عدالت کو بھی غلام بنا دیا گیا ہے

The Mafia conglomerate imposed upon this nation (after usurping the people’s mandate , in a heavily rigged general elections) has only indulged in political intrigues since its induction . With the passage of the so called 26th constitutional amendment their unremitting machinations have reached a culmination point . The wanton harassment of opposition lawmakers that preceded this amendment including ,abductions and hostage taking had already discredited the whole exercise even before the murky manner it was voted upon. Moreover their underlying motives are highly suspect . It is a sinister plot to undermine Judicial independence and make it subservient to the Executive ,which becomes all the more reprehensible given that the ruling coalition is largely made up of candidates who were allegedly complicit and beneficiaries of poll rigging . To compound this subversion of the Constitutional order , the ruling coalition had previously , in connivance with it’s stooges in the judiciary , all but destroyed the “party system” by “authorising”candidates to vote on bills/resolutions against the party line and in violation of the party’s policy. This has opened a floodgate for rampant vote buying , making a mockery of parliamentary traditions and protocols . What one can say is that this coterie of illegit interlopers are playing Russian roulette with the country’s future . May God help us .

The Mafia conglomerate imposed upon this nation (after usurping the people’s mandate , in a heavily rigged general elections) has only indulged in political intrigues since its induction . With the passage of the so called 26th constitutional amendment their unremitting machinations have reached a culmination point . The wanton harassment of opposition lawmakers that preceded this amendment including ,abductions and hostage taking had already discredited the whole exercise even before the murky manner it was voted upon. Moreover their underlying motives are highly suspect . It is a sinister plot to undermine Judicial independence and make it subservient to the Executive ,which becomes all the more reprehensible given that the ruling coalition is largely made up of candidates who were allegedly complicit and beneficiaries of poll rigging . To compound this subversion of the Constitutional order , the ruling coalition had previously , in connivance with it’s stooges in the judiciary , all but destroyed the “party system” by “authorising”candidates to vote on bills/resolutions against the party line and in violation of the party’s policy. This has opened a floodgate for rampant vote buying , making a mockery of parliamentary traditions and protocols . What one can say is that this coterie of illegit interlopers are playing Russian roulette with the country’s future . May God help us .

Shame on PPP, so called democratic party 😂 lakh di lanat 🖐️

People's of Pakistan with imran Khan because he is doing great for Pakistan and the people of Pakistan

Rida's role, here, in the debate is to fuel the quarrel between Mustafa and Baig.

Moiz Baig makes sound sense

Procedural irregularities are a back mark on the brighter side of the amendment.

1 ; Every country of the world has the judiciary and the judicial appointments are done by the government. Same thing happened in Pakistan. No country of the world has the judiciary who appoint their members themselves except Pakistan.
2 ; Parliamentary committee will have same numbers of members from treasury benches and apposition benches. So if the intention of the Govt were mala fide they would have included only treasury benches.
3 ; Every country keeps check and balance on the judges. This is betterment of the people. So Pakistani parliament did not invent a new thing. They just implemented already universal principal of check and balance.
4 ; SOU MOTO powers were given to judiciary only Pak and India for the situation when there is extreme violation of the fundamental rights of the people. But Judges used this power to abuse other institutions. So they just regulated it. There is no concept of sou moto in the civilized world but we still gave the judiciary this weapon.
5 ; Before the Practice and Procedure Act the chief Justice was the master of the roaster. But now when the act is incorporated into constitutional amendment the power to constitute a bench lies with committee of judges. Hence the post of chief is not so lucrative as was at the time of Bandial. Whoever sits there will go by the book.
6 ; Basic Structure Doctrine was applied only in India at the time when congress was implementing the socialist agenda by usurping the public properties. At that the Govt of India was weak in front of the judges. But now the parliament is strong under modi regime. I don't think the judiciary will ever try this bullshit again.
7 ; Basic Structure has no place in our constitution. In Rawalpindi Bar case has no ratio decidendi. Pakistani Judiciary always rejected this contention.
8 ; in Wakala Mahaz case the court declared that when the parliament amend the constitution it act as constituent assembly. AND judiciary can not go in the judicial review of the amendments to the constitution.
9 ; Everyone including the judges and lawyers is in shock because for the first time in history we have seen parliament doing the things which are supposed to be done by the parliament. After the amendment no judge will ever be able to send the representative of the people out of the parliament ever again. The parliament which was subdued by the judiciary again and again is finally able to defend itself. Constitution is a political document and only the politician has the right to amend it.

Separation of powers to ensure checks and balances is the basic principle of the Constitution. How can independence of judiciary be interfered by Any other pillar of the system.

Objective of the amendment is only to avoid judicial review of legitimacy of a house which is a product of ECP’s form 47 produced on 09-10 Feb overwriting most of the form 45; the record of voters verdict in Feb 08 elections.

Objective of the amendment is only to avoid judicial review of legitimacy of a house which is a product of ECP’s form 47 produced on 09-10 Feb overwriting most of the form 45; the record of voters verdict in Feb 08 elections.

Now it has been established that the amendment was only to get rid of the Senior most judge of the SCP.

she speaks so well

The debate is just in support of political parties. It would be helpful if you invited experts to discuss such topics. First of all, the title is Dissecting, so it's unfair to the audience to invite such supporters. Sorry to say but it's not that fruitful discussion!

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those who cherish today on successfully passing the judicial reforms will suffer the far reaching consequences tomorrow

Kindly do not bring speakers with affiliation to a particular party. Their talks are nothing except bias.

Threre is no reason for the people to be slaves; if you don't believe just listen to so-called eeucated person, Mustafa. Shame on you!
On the other hand, Moeez is a sober and more educated one, making sense what he says and argues.
If the MNAs are elected by the people, making the Parliament supreme then people did have the right to read, understand, and debate about the new amendment before it was made a law. However, in this case, the right of people was disregarded, this tells us that this amendment was not for the common people, but for the specific corrupt and power greedy elites.
Now, let the judges get fired if they don't go in govt's way, the govt will say about their performancs; let the Supreme Court three most senior judges incline towards govt pleasing them to be next CJP.
Shame on the people who support this amendment.
"This amendment will give fresh air to SC". Wow! Before the amendment, the fee for filing case was fifty-thousand; now, it has been increased and a middle class person can't bear the fee for filing the case. This is your vision? Shameful if that is yours.
Lastly, you can see the frustration of Mustafa from his talks, expressions, low voice and body language that give us clear indication that he is lying and his opponent has exposed his lies.