The package would make it binding on the President to act upon the premier's advice within 15 days, and declares some of the November 3 actions (of President Pervez Musharraf) as illegal. According to the draft, the present SJC will be replaced by a new seven-member Supreme Judicial Commission that will make decisions regarding the dismissal of judges on grounds of their conduct or incapacity, the Daily Times reported. The draft Bill also provides for the reinstatement of the sacked judges through a constitutional amendment, said a source in the Federal Law Ministry.
"The package also proposes that the pre-November 3, 2007, seniority of the sacked judges should be maintained," the source said and added that the tenure of the chief justice (CJ) of Pakistan was not addressed in the draft, and that it would be looked at later after consultation between coalition partners.
"The package also suggests the delegation of the presidential powers to dismiss the government, appoint governors and the heads of armed forces to the prime minister," they said, adding that the draft also included a bar on a president running the office for more than two terms.
The package also suggests transferring of the Presidential powers to appoint judges of the superior courts to a parliamentary committee consisting of three members each from Treasury and the Opposition benches and one Senator. Thereafter, the premier would make a final decision regarding judges' appointments.
Another proposal says that any judge who took oath under the Provisional Constitution Order (PCO), would automatically be removed.