LAHORE: Amid reports that the federal government is going to introduce a constitutional package to restore the parliament’s powers with regard to the higher courts judges’ appointment, Punjab Assembly Speaker Malik Muhammad Ahmed Khan exhorted the parliamentarians to reclaim the role.

“Why the parliament is silent on the basic structure judgment,” he asked, in a reference to Justice Iftikhar Chaudhry-led Supreme Court decision that forced the then government to introduce a constitutional amendment eliminating the role of the parliamentary committee in the selection of superior court judges.

“If, while explaining the Constitution, the court had said that it would itself make the appointments (of judges), then why the parliament is not objecting to it,” Speaker Khan told a press conference here on Friday.

“There’s a clear trichotomy of powers in the Constitution under which there are three pillars of state – the judiciary, the executive and the parliament. The parliament will decide the role of each [of the pillar]. The parliament will keep a check on the executive under the Constitution.”

He appreciated that parliamentarians from across the aisle for sitting together on the issue of the arrest of some lawmakers from the National Assembly gate, but regretted that no one, from the treasury or the opposition, was bothered by the attack on the Constitution.

There’s a judicial history in which Clause 184(3) had been used as a substitute for the now defunct 58(2)b clause of the Constitution to send a government packing, he said.

“The political parties must raise the issue. If you cannot object to the judgment that defaced the Constitution, then you are leaving your space only to be claimed by someone else. Why are you becoming apologetic?”

He clarified that he was not paving the way for a clash between the parliament and the judiciary, but was only stressing on rectifying the foundation (of the issue).

Responding to a query, the speaker asked if the parliamentary committees in the US and UK did not have a role in the appointment of judges. “Here [in Pakistan] the parliament has been incapacitated; not even allowed to discuss the issue.”

About Ali Amin Gandapur’s utterances in the PTI’s Islamabad public meeting, the speaker said these were absolutely unwarranted and that the KP chief minister attacked the federation by threatening to hold direct talks with Afghanistan on terrorism.

“The federal government, executive and parliament should question him [Gandapur].”

He said it seemed the KP CM was under the influence and would need to undergo medical tests (to ascertain his condition).

The speaker said that in view of the PTI’s track record, the government must have demanded affidavits from the party leadership, committing that no hate speech would be delivered at the meeting.

Published in Dawn, September 14th, 2024