The Jamiat Ulema-e-Islam-Fazl (JUI-F) has taken a bold step in the National Assembly, submitting a draft constitutional amendment that could potentially reshape the landscape of judicial appointments in Pakistan. The proposed amendment seeks to enforce a complete prohibition on the appointment of judges in the higher judiciary who hold dual-nationality status.
Under the banner of a Constitutional (Amendment) Bill, 2024, JUI-F lawmaker Noor Alam Khan has tabled the proposal, aiming to amend several articles within the Constitution, notably Articles 177, 193, and 208. If passed, these amendments would effectively block any legal avenues for the appointment of judges who possess foreign nationalities.
According to the draft bill, individuals with dual-national status would be ineligible for appointment as judges in either the Supreme Court (SC) or High Court (HC). Furthermore, the proposed legislation seeks to extend this restriction to encompass the appointment of foreign nationals as judiciary officers and servants.
In the text of the bill, MNA Noor expressed concerns over the potential influence of “foreign national” jurists, emphasizing the importance of judges having a vested interest in the country where they hold positions of authority. The draft bill underscores the perceived conflict of interest posed by judges who maintain allegiance to foreign states, which could compromise their dedication to the interests of Pakistan.
Arguing for the necessity of the proposed law, the JUI-F lawmaker cited Article 5 of the Constitution, which emphasizes the paramount importance of loyalty to Pakistan. He asserted that the proposed amendments are crucial to upholding this principle and ensuring the unwavering allegiance of judges to the nation.
Copies of the proposed constitutional amendments were obtained by Geo News, revealing specific changes suggested by MNA Noor. Notably, the amendments aim to tighten the language surrounding the eligibility criteria for judicial appointments, replacing the term “holds dual nationality or citizenship of any foreign country” with “holds dual nationality and citizenship of any foreign country”.
The submission of this draft amendment marks a significant development in the ongoing discourse surrounding judicial reform in Pakistan. As the proposal makes its way through the legislative process, it is likely to spark spirited debate and scrutiny from lawmakers and legal experts alike, shaping the future trajectory of the country’s judiciary.
Leave a Reply