Professor Ali Riaz, co-chair of the National Consensus Commission, announced that political parties have reached a consensus on two issues concerning the appointment of the Chief Justice.
Speaking after the 11th day of the second phase of discussions with political parties at the Foreign Service Academy in the capital on Thursday (July 10), he shared these details.
Ali Riaz stated that the political parties agreed on two points regarding the Chief Justice's appointment: amending the existing provisions of Article 95 of the Constitution and ensuring that the President appoints the Chief Justice from among the judges of the Appellate Division. Currently, the Constitution does not mandate such a requirement for the President. However, opinions are divided on whether the senior-most judge or one of the two senior-most judges should be appointed as Chief Justice. The Commission has decided to continue discussions on this matter and has urged political parties to provide more specific recommendations after further deliberation. Ali Riaz expressed hope that a consensus would be reached in subsequent discussions.
Regarding the caretaker government system, he noted some progress in the proposals submitted by political parties. The Commission has proposed that the head of the caretaker government be appointed from within the legislature. Political parties provided their opinions on this matter during the meeting, and more specific proposals are now under consideration. All parties agree that the caretaker government system should be flawless, reflecting the long-standing struggles and movements, and should avoid future controversies.
On the issue of declaring a state of emergency, Ali Riaz said that political parties have reached a consensus on two points. The provisions under Article 141A of the Constitution regarding the declaration of a state of emergency need to be amended to prevent its use as a political tool. Political parties believe these provisions require greater clarity. Discussions are ongoing to make the provisions more precise and to address related aspects, such as removing the term “internal disturbance” from the Constitution. Parties are also considering how emergency declarations can be managed, including alternative arrangements and the process for declaring a state of emergency.
Currently, a state of emergency is declared by the President with the Prime Minister’s countersignature. Various proposals have been made, including suggestions from some parties that a parliamentary committee should declare a state of emergency. The Commission is reviewing these proposals and has suggested including provisions requiring cabinet approval. Discussions are ongoing, and Ali Riaz expressed optimism that a decision on the emergency provisions could be finalized next week.
Ali Riaz added, “The Commission’s discussions are progressing, and we are hopeful of preparing a charter by the end of this month. We are making significant progress every day. These matters are not to be rushed; specific words and phrases are being carefully considered. Political parties are engaging in discussions with sincerity and mutual respect, advancing the process collaboratively.”
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