Constitutional Amendment | Heated Debate Between Hassan Ayub And Fawad Chaudhry | Breaking News
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Constitutional Amendment | Heated Debate Between Hassan Ayub And Fawad Chaudhry | Breaking News
#khawarghumman #constitutionalamendment #constitutionalcourt
Constitutional Amendment | Heated Debate Between Hassan Ayub And Fawad Chaudhry | Breaking News
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00:00I remember, Mr. Fashio, you have read in the books that when the 1973 constitution was
00:06passed, a consensus was created on it, across all the ideological disagreements.
00:12Even in 2010, when the 18th amendment came, all the political parties that were present
00:17in the parliament, they were sat down.
00:19Whatever amendment was brought, everyone's opinion was taken.
00:23Now, this is a constitutional amendment.
00:25Article 8 is being discussed.
00:27Fundamental rights.
00:28Article 245 is being discussed.
00:30Article 17 is being discussed in relation to political parties.
00:34Article 175, 184, 183, I don't know what else.
00:38All this action was tried to be put in the darkness of the night.
00:42Now, we are seeing that Bilal Bhutto Zardari has taken up a role.
00:48He is saying that I will create a consensus and show it.
00:52What do you think is the purpose?
00:54You see the government being successful.
00:56If it happens, what scenario will be created?
00:59And in run-up to that constitutional amendment, what environment do you see being created?
01:04But first of all, let's see what the constitutional amendment is.
01:08The constitutional amendment is basically based on two parts.
01:11One is that the rights of the High Court are being limited under Article 199.
01:18And the judges of the High Court are making it easier for them to remove them.
01:23And they are transferring them to other courts.
01:26And the second part is that a constitutional court is being created,
01:30whose head can be Mr. Fahed Zia.
01:33So, now these two parts have the same result.
01:38And that result is that your court is practically over.
01:42And let me tell you, whoever has given this advice to the establishment and the government,
01:47they have no idea that this will not solve any political or criminal issue.
01:54Because even if the Lawyer's Movement does not work now,
01:58it will continue to work after the amendment is passed.
02:01Because the business of lawyers will be over.
02:03Because you, Mr. Hassan and Mr. Bhochoi know that what is the biggest job of a lawyer?
02:08You go and raid the government in the High Court.
02:11After this amendment, the raid will almost be over.
02:14And even if it happens, who will have the courage to decide against the government?
02:18Who knows?
02:19On the source report, next year.
02:21In this way, the SHO cannot be sent home.
02:23Just like the judge of the High Court can be sent home or transferred.
02:27And the second constitutional court is a funny concept.
02:31In any other common law country, except South Africa, there is no High Court anywhere.
02:36And see what you are doing.
02:39Earlier, the Supreme Court had a right to rule.
02:42Now everyone will go to the Constitutional Court.
02:45For a case of 57,000 cases, you have so much pain in your heart that you say,
02:50let's make a new court.
02:52And where there are 4.6 million cases pending in the lower courts,
02:55you are not bothering to look at it.
02:57And to serve only one person,
03:00to make such a complex system,
03:02which will end the principle of separation in the law.
03:05The matter of separation of powers will end.
03:08So that is a big challenge for the Constitution.
03:11And I think that yesterday, the president of the Gulochistan High Court gave a speech.
03:15He should run it again and again and listen to it.
03:18He has talked about it in a very enigmatic way.
03:21Mr. Bilawal does not know how judges are appointed in Pakistan.
03:24What is the concept of judiciary?
03:26What are the principles of separation?
03:28I heard that he was given a task and he went ahead.
03:31But this will not be tolerated by judges or lawyers.
03:36So today, if you do not see people outside in a relatively large number,
03:40that is, even if you do not see in the number of thousands,
03:43you will see tomorrow.
03:45And the second thing is that,
03:47look, it is a very important thing,
03:49this is a very strange way,
03:51that you are saying that
03:53in the constitution of Pakistan,
03:55the prime minister will appoint who will be the judge.
03:58Now tell me, where in the world is it that
04:01the prime minister is given the right to appoint his judges?
04:05Then what is the difference between the appointment of a secretary and the appointment of a judge?
04:11Neither do you want to talk about the way of appointments,
04:16that instead of increasing the independence of the judiciary,
04:20you are not ending independence at all.
04:23Mr. Chaudhary, please tell me,
04:25where in the world is it that judges appoint their own judges?
04:28Even in the UK, the case goes to your committee,
04:32the case goes to the parliamentary committee,
04:34there is no role of the judge there.
04:36No, no, no, Hassan, I don't know who told you this.
04:40Look, there is a whole set-up,
04:42there is a method,
04:44it does not have this,
04:46for example, what they say about the United States,
04:48I don't know who told you this.
04:50In the United States, the president also does it,
04:52the president is a form of government.
04:54I don't know who told you this,
04:58this does not happen anywhere.
05:00The United States is the only country where the executive committee
05:03does all the appointments there,
05:05the parliament does the appointments.
05:07Even in the UK, the judge does not appoint the government or the parliament,
05:11an independent commission appoints it.
05:13The committee is formed, the committee does it.
05:15The judges don't do it, right?
05:17I am saying that the committee does it, the judges don't do it.
05:19Here the judges themselves appoint themselves.
05:21No, no, listen to me,
05:25I don't know where you read this,
05:27after the 18th amendment,
05:29there is an independent commission in Pakistan,
05:31in which the government is sitting,
05:33in which the judges are sitting,
05:35there is a 13-member commission,
05:37which appoints the High Court,
05:39there is a 9-member commission,
05:41which appoints the Supreme Court.
05:43Yes, I know about the Judicial Commission.
05:45Yes, I know about the Judicial Commission.
05:47Yes, I know about the Judicial Commission.