ISLAMABAD: In the early hours of Monday, the National Assembly—the lower house of Pakistan’s bicameral parliament—approved the much-anticipated 26th Constitutional Amendment after the Senate, sparking strong criticism from opposition parties and the legal fraternity.
The amendment was passed with an overwhelming majority of 225 votes in favor and only 12 against, marking a significant milestone for the incumbent coalition government, which lacks a two-thirds majority in parliament.
A signing ceremony for the 26th Constitutional Amendment Bill is scheduled to take place today at the Aiwan-e-Sadr in Islamabad. Once signed by the president, the bill will officially become law and will immediately empower parliament to appoint the Chief Justice of Pakistan. This authority will also extend to the appointment of judges in the high courts.
The government, led by Prime Minister Shahbaz Sharif, has been criticized for rushing the passage of the bill, including holding sessions on Sunday, traditionally a non-working day for legislative matters. Critics, particularly from the Pakistan Tehreek-e-Insaf (PTI), have expressed concerns about the speed with which the bill was pushed through, fueling suspicions that there may be a hidden agenda behind the amendment.
Chief Justice of Pakistan appointment process
The 26th Constitutional Amendment has brought major reforms to Pakistan’s judiciary, particularly in the appointment process and tenure of the Chief Justice of Pakistan (CJP). This 27-point amendment includes 22 provisions from the government and 5 from the Jamiat Ulema-e-Islam (JUI). Below are the key changes introduced:
Appointment of the Chief Justice
Under the new amendment, the Chief Justice of Pakistan will be appointed by a 12-member parliamentary committee. This committee will consist of 8 members from the National Assembly and 4 from the Senate. The committee must choose one of the three most senior judges of the Supreme Court for the role of Chief Justice, with the selection requiring a two-thirds majority to ensure broad consensus.
If the appointed Chief Justice reaches the age of 65 before completing their three-year term, they will retire upon reaching the age limit. This change, brought through an amendment to Article 179, introduces a fixed term for the Chief Justice, which was previously absent.
Judicial Reforms
The amendment establishes the creation of constitutional benches in the Supreme Court through the addition of Article 191A. These benches, composed of senior judges, will handle constitutional cases, appeals, and suo motu matters. The number of judges on these benches will be determined by the judicial commission, with efforts made to ensure equal representation from each province.
Similar constitutional benches will be introduced in the High Courts, though their creation will depend on provincial legislation. Importantly, High Courts will no longer have the power to take suo motu notices.
Changes to the Judicial Commission and Other Reforms
The structure of the Judicial Commission remains largely intact, but it will now include four members of parliament and a representative from civil society. Additionally, a new provision allows the Speaker of the National Assembly to appoint a woman or non-Muslim member to the commission for a two-year term.
Moreover, the judiciary’s power to issue orders under Article 187 for “complete justice” has been restricted. The judiciary can now only issue such orders within the bounds of the Constitution.
The ruling coalition has praised the amendment as a significant shift in judicial operations, emphasizing increased parliamentary oversight over the judiciary.
Bilawal Criticizes Judiciary for Unconstitutional Power Grab
Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari expressed his concern that the judiciary had “unconstitutionally assumed powers,” criticizing its growing influence. Speaking during a National Assembly session, the former foreign minister remarked, “The judiciary has become a global mockery of our legal system.”
Bilawal strongly criticized former Chief Justice of Pakistan Iftikhar Chaudhry, referring to him as a “black snake” that posed a threat to the Constitution and democracy. He stressed the importance of constitutional reforms, recalling how Chaudhry had previously threatened to overturn the 18th Amendment, which could jeopardize the country’s democratic progress.
Looking ahead, Bhutto-Zardari emphasized the establishment of a constitutional bench that would prioritize the interests of the people. He called on all political parties, including the Pakistan Tehreek-e-Insaf (PTI), to unite in support of key amendments proposed by JUI-F leader Maulana Fazlur Rehman. “Let us come together for the sake of the Constitution and democracy,” he urged.
Constitutional Amendment Aims to Weaken Judiciary: Omar Ayub
Opposition Leader in the National Assembly, Omar Ayub, criticized the recently passed constitutional amendment, claiming it is an attempt to “weaken” the judiciary. Speaking during the early hours of Monday’s National Assembly session, Ayub raised concerns, stating, “Intezar Panjotha is still missing, and Riaz Fatyana’s son has been abducted twice.”
Ayub questioned the urgency behind the amendment’s passage, asking, “Why couldn’t the constitutional amendment be passed on October 31? Would the country have shut down if it had been delayed?” He argued that the amendment draft should have been sent to the standing committee on law and justice for proper deliberation.
“The special committee’s true purpose was not utilized,” Ayub concluded, criticizing the process behind the amendment.
