The Pakistan Peoples Party (PPP), under the determined leadership of Chairman Bilawal Bhutto Zardari, is advancing its long-standing push for constitutional amendments aimed at establishing a dedicated Constitutional Court. This initiative, deeply rooted in the PPP’s democratic struggle, promises to reshape Pakistan’s judiciary, relieve the overburdened courts, and restore faith in the judicial process. As the political climate intensifies with the looming retirement of the current Chief Justice on October 25, Bilawal has heightened the urgency for these reforms, asserting that any further delays could lead to chaos.
A Historical Struggle: From the Charter of Democracy to Today
The idea of a Constitutional Court is not new for the PPP. It was first proposed in 2006 in the Charter of Democracy (CoD), an agreement signed by two of Pakistan’s most prominent political figures: the late Benazir Bhutto and former Prime Minister Nawaz Sharif. This historic pact aimed to end dictatorial rule in Pakistan and lay the foundation for true democracy, including the creation of a Constitutional Court to streamline judicial operations and strengthen the federation.
Bilawal Bhutto Zardari has repeatedly emphasized that the establishment of this court is not just a political move but a democratic necessity. Speaking to reporters recently, he highlighted that the PPP has been advocating for this reform for 18 years, underscoring the party’s commitment to safeguarding democracy and ensuring the rule of law.
The Constitutional Court: A Solution to Judicial Bottlenecks
With an alarming backlog of cases in Pakistan’s judiciary—approximately 60,000 cases pending before the Supreme Court and over 400,000 in the superior courts—Bilawal argues that the time for reform has come. The current judicial system is overwhelmed, not only by civil and criminal cases but also by constitutional matters that often take precedence. This imbalance, Bilawal points out, has frustrated ordinary litigants, delayed justice, and slowed down the judicial process.
A Constitutional Court, he contends, would alleviate this burden by exclusively handling constitutional matters, allowing the Supreme Court and High Courts to focus on civil and criminal cases that directly impact the lives of citizens. This division of labor within the judiciary, Bilawal says, would restore efficiency and streamline the administration of justice across the country.
In his remarks, Bilawal highlighted that many countries with similar federal structures, such as Germany, have long-established Constitutional Courts to handle constitutional interpretation. These courts have not weakened their respective judiciaries but have instead strengthened them by providing clarity and consistency in legal interpretation. Bilawal firmly believes that Pakistan can and must develop its own model suited to its unique legal and political landscape, a model that respects the constitutional framework while promoting judicial efficiency.
The Judiciary’s Suspicious Timing and Political Interference
As part of his broader critique of the judiciary’s current operations, Bilawal pointed to the suspicious timing of certain judicial actions, which he believes reflect a deeper political agenda. Specifically, he questioned the September 14 judicial injunction on reserved seats, coinciding with a parliamentary session, which he argues undermined the democratic process. This, he said, raised concerns about the judiciary’s impartiality and its influence on political developments.
“Why isn’t anyone scrutinizing the timing?” Bilawal asked rhetorically, casting doubt on the judiciary’s motives and stressing the need for more transparency. He went on to criticize the judiciary’s handling of the Karachi unrest case, which has lingered unresolved since 2011. While the judiciary has focused on Karachi, Bilawal noted that other provinces like Khyber Pakhtunkhwa and Balochistan face similar unrest, yet their cases receive far less attention. This selective focus, he argues, disrupts the local government system and undermines the principle of equal treatment under the law.
The PPP’s Resistance to Judicial Overreach and Military Trials
The PPP’s drive for a Constitutional Court is also fueled by its opposition to the judiciary’s overreach and the controversial military trials that have taken place under previous administrations. Bilawal made it clear that his party stands firmly against military courts, which he views as a threat to judicial independence and constitutionalism. He cited the case of former Prime Minister Imran Khan, currently facing a military trial, as an example of the judiciary’s failure to uphold democratic principles.
“We hold the authority to grant a presidential pardon, but first, we must review the facts,” Bilawal said, referring to Khan’s case. He reaffirmed the PPP’s long-standing opposition to the death penalty and called for a fair and thorough examination of the evidence before any decision is made.
Constitutional Amendments and the Future of Pakistan’s Federation
Bilawal has warned that failure to pass the proposed constitutional amendments could lead to severe political unrest, much like the situation preceding the 18th Amendment. The 18th Amendment, passed in 2010, was a landmark achievement for the PPP and redefined the balance of power between the federation and the provinces. It safeguarded Pakistan’s fragile democracy from the specter of martial law, and Bilawal believes the creation of a Constitutional Court is equally crucial for maintaining stability and promoting judicial equality.
In his statements, Bilawal noted that the head of the Constitutional Court would serve a three-year term, ensuring continuity and stability in judicial decisions. This would prevent the chaos that currently ensues when multiple courts across the country adjudicate the same constitutional issues, often arriving at different conclusions, which then have to be reconciled by the Supreme Court. This fragmented system, he argues, has frustrated not only the judicial process but also ordinary citizens who are left waiting for years for their cases to be resolved.
Sindh’s Support for Judicial Reforms and the PPP’s 2024 Manifesto
Sindh Chief Minister Syed Murad Ali Shah has echoed Bilawal’s call for judicial reforms, reiterating that the creation of a Constitutional Court is a key component of the PPP’s 2024 manifesto. Speaking at the Karachi Press Club, Shah accused a former chief justice of blackmailing parliament over the 18th Amendment and emphasized that the proposed judicial reforms align with the vision of Benazir Bhutto, who championed a fairer, more equitable judiciary.
Shah also highlighted his frustration with the judiciary’s interference in political matters, particularly its handling of the Karachi unrest case. He questioned whether unrest exists only in Karachi, pointing out that similar issues plague Khyber Pakhtunkhwa and Balochistan. These remarks further underscore the PPP’s commitment to creating a more balanced and fair judicial system that represents all provinces equally.
A Vision for the Future: Strengthening the Federation through Judicial Independence
As Pakistan navigates through a critical juncture in its political history, the PPP remains steadfast in its vision for a more just and balanced judicial system. Bilawal Bhutto Zardari’s advocacy for a Constitutional Court is not only a reflection of his party’s commitment to democratic principles but also a call to action for the entire nation. The establishment of this court would not strip the Supreme Court of its powers but would instead ensure that constitutional matters are handled more efficiently, allowing the judiciary to better serve the people.
In his closing remarks, Bilawal reminded the nation of the preamble of the Constitution, which states, “… through our representatives in the National Assembly, adopt, enact and give to ourselves, this constitution.” The Constitution, he stressed, is a social contract between the people of Pakistan, and the people, through their elected representatives, now seek to strengthen the federation and promote judicial independence by enacting a Constitutional Court.
The passage of these constitutional amendments, Bilawal argues, will define the future of Pakistan, its democracy, and its ability to function as a successful federation. As the October 25 deadline approaches, all eyes are on the PPP and its commitment to delivering on this long-standing promise of judicial reform.
