Sindh paves way for constitutional bench

KARACHI: The Sindh Assembly on Monday became the first provincial legislature to approve the resolution necessary for the formation of a constitutional bench in the province, under the recently adopted 26th Constitutional Amendment.

As many as 123 members belonging to the PPP and MQM-Pakistan voted in favour of the resolution, while the lone member of Jamaat-i-Islami Mohammad Farooq and three PTI members opposed it.

While fully supporting the resolution, the MQM-P, however, complained that the party was informed about the tabling of the resolution at the eleventh hour against the parliamentary practice and tradition.

Chief Minister Murad Ali Shah informed the house that the provincial government would approach the federal government to establish constitutional benches in the province as soon as possible.

The passage of a resolution in a provincial assembly with a simple majority is necessary for the constitution of benches under Article 202-A of the newly passed 26th Constitutional Amendment.

Under sub-clause ii of the said article, a senior judge among the nominated judges of the high court will be the head of the constitutional bench.

Tabling the resolution, Parliamentary Affairs Minister Ziaul Hasan Lanjar said it was a constitutional requirement to pass the resolution for the formation of constitutional bench in the Sindh High Court.

The resolution said: “In pursuance of sub-clause 7 of Article 202A of the Constitution of the Islamic Republic of Pakistan read with sub-rule 1A of Rule 136 of the Rules of Procedure of the Provincial Assembly of Sindh, 2013, this House resolves to give effect to the provisions of Article 202A of the Constitution.”

The chief minister said PPP Chairman Bilawal Bhutto-Zardari had successfully convinced all parties on his draft of the amendment. “The PTI [chairman] also agreed to the draft, but one person did not agree”, he said referring to Barrister Gohar Khan and PTI founder Imran Khan, respectively.

He said it was an honour for the Sindh government to be the first province to bring the resolution in favour of the 26th constitutional amendment. “We want the benefits of the 26th constitutional amendment to be given to the people as soon as possible”.

He said the provincial government was waiting for the formation of the Judicial Commission of Pakistan for moving the resolution to give effect provision of the constitutional amendment of the establishment of constitutional court in the province. Later, the assembly session was prorogued.

Published in Dawn, November 5th, 2024