Constitutional Amendment | Heated Debate Between Hassan Ayub And Fawad Chaudhry

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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.

Constitutional Amendment | Heated Debate Between Hassan Ayub And Fawad Chaudhry | Breaking News

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