KARACHI: In accordance with the newly ratified 26th Constitutional Amendment, the Sindh Assembly on Monday became the first provincial legislature to pass the resolution required for the establishment of a constitutional bench in the province.
Three PTI members and the lone member of Jamaat-i-Islami, Muhammad Farooq, voted against the resolution, while up to 123 members of the PPP and MQM-Pakistan supported it.
Despite their full support for the resolution, the MQM-P expressed dissatisfaction over the fact that the party was notified at the last minute, which goes against parliamentary custom and practice.
The provincial government will ask the federal government to establish constitutional benches in the province as soon as feasible, Chief Minister Murad Ali Shah told the chamber.
According to Article 202-A of the recently enacted 26th Constitutional Amendment, benches cannot be formed until a resolution with a simple majority is ratified in a provincial legislature.
A senior judge from the high court’s nominated judges will lead the constitutional bench in accordance with subclause ii of the aforementioned article.
Passing the resolution to create a constitutional bench in the Sindh High Court is required under the constitution, according to Parliamentary Affairs Minister Ziaul Hasan Lanjar, who tabulated the resolution.
“This House resolves to give effect to the provisions of Article 202A of the Constitution in accordance with subclause 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.” read the resolution.
According to the chief minister, PPP Chairman Bilawal Bhutto-Zardari was able to persuade all parties to support his amendment draft. In reference to Barrister Gohar Khan and PTI founder Imran Khan, respectively, he stated, “The PTI [chairman] also agreed to the draft, but one person did not agree.”
Being the first province to introduce a resolution in support of the 26th constitutional amendment, he added, was an honor for the Sindh government. “We want the people to benefit from the 26th constitutional amendment as quickly as possible.”
He stated that in order to move the motion to implement the constitutional amendment provision establishing a constitutional court in the province, the provincial government was awaiting the establishment of the Judicial Commission of Pakistan. The assembly meeting was later adjourned.
