National Assembly passes 19th Amendment Bill

The National Assembly on Wednesday passed "The Constitution (Nineteenth Amendment) Bill, 2010 with 258 votes in favour and one against it. In the Bill, seven amendments have been made in Articles 81, 175A, 182, 213 and 246 of the Constitution of Pakistan. The 19th Amendment Bill, 2010 mainly deals with appointment of superior courts judges, addition of senior most judges in the judicial Commission of Pakistan and inclusion of Islamabad High Court in Article 81 of the Constitution.
Following are the salient features of the 19th Amendment Bill, 2010. The strength of Judicial Commission of Pakistan has been increased from seven to nine members by adding two senior most judges of the Supreme Court. The experience of a senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council has been fixed not less than fifteen years practice. Name of the Islamabad High Court was added to Article 81 of the Constitution.
When the National Assembly is dissolved, total membership of the Parliamentary Committee shall consist of four members from the Senate. The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment. If a nomination is not confirmed by the Committee, the Commission shall send another nomination. The Committee can reject nomination proposed by the Commission with sound reasons. The Parliamentary Committee can bring conduct of judges under discussion.
Tribal Areas adjoining Lakki Marwat and Tank districts shall be part of FATA. Parliamentary Committee on Constitutional Reforms Chairman Raza Rabbani moved a motion in the House for consideration of 19th Amendment Bill, 2010 and requested the rules be dispensed.
The Speaker, after taking census of the House, dispensed the rules for consideration of the Bill. The motion was adopted unanimously for consideration of the Bill. The Lower House of the Parliament passed the Bill after reading clause by clause through division by 258 votes in favour and one vote against it. Only one member of Pakistan Muslim League, Kashmala, symbolically voted against the Bill.
However, during the clause by clause reading of the Bill, Kashmala Tariq did not oppose it and there was no vote against the Bill. Kashmala said that she is not against the Bill and she symbolically voted against it because it was given assurance to include curtailing party head powers, conducting party elections within parties and simplifying the mechanism in the Constitution for creation of new provinces in 19th Amendment Bill, 2010, but it did not take it into consideration.
Rabbani while elaborating the 19th Amendment Bill said that the Supreme Court of Pakistan had passed an order on October 21, 2010 in various constitution petitions challenging certain amendments, including Article 175A, of the constitution through the 18th constitutional amendment Act, 2010.
He said that the Supreme Court referred its judgement to the Parliament for reconsideration of the provisions of Articles 175A in the light of the observations made in the said order. He said the committee went through Supreme Court order in details on number of occasions and each reservation of Supreme Court was reconsidered and thoroughly discussed. "Parliament respects the independent judiciary. We believe in an independent judiciary," he said.
He said that it was wrongfully reported that the powers of the Chief Justice of Pakistan had been curtailed for the appointment of judges on ad hoc basis. He said, "The Chief Justice can appoint judges in consultation with Judicial Commission of Pakistan."