ISLAMABAD: The legal advisors are Saturday giving final touches to the draft of Provisional Constitutional Amended Order-II at the President House for lifting the emergency on December 15 and several new amendments are being recommended in the constitution.
The suggested amendments include the accountability of the judges of higher judiciary and deleting the words regarding the appointed timeframe for the presidential election.
According to the sources, the legal advisors are mulling over amending Clause-3 of the Article 41 of the amended PCO related with the presidential election. Under this article, the presidential election can be held prior to end of its stipulated tenure; also, thought is being given to eliminating the words related with the timeframe for this election from August 17, 1988.
Phrase ‘subject to constitution’ is being replaced by ‘notwithstanding anything contained in the constitution’ in Sub-clause II of Article 44 dwelling upon the eligibility of the presidential candidates.
According to sources, a proposal to amend Article 51-2(A) is under consideration. The proposal envisages addition of words –10 reserve seats for Ulema, professionals and technocrats– after reserved seats at National Assembly for non-Muslims.
Holding of elections for two seats of Islamabad in accordance with the modus operandi given in the Article 59 is also being considered.
Amendment in Article 209 is also under consideration for the accountability of higher judiciary. It is being considered to add “Chief Justice of Pakistan” with the word ‘judge’.
Amendment in this article is that in case there is a reference filed against any judge, President will be entitled to send this judge on forced leave in due consultation with Supreme Judicial Council until the case is being heard at SJC and a final decision on the same by the President.
A high court will also be established in Islamabad under the amendment in Article 175 of the Constitution.