Constitutional Amendment bill sails though NA in late-night session

ISLAMABAD: Shehbaz Sharif-led government attains number game in the Parliament, passing the 26th Constitutional Amendment bill from the Senate and National Assembly with a two-thirds majority late Sunday night.

The amendment tabled by Federal Minister for Law and Justice Azam Nazeer Tarar introduces significant reforms to the appointment process and tenure of the Chief Justice of Pakistan and the formation of new constitutional benches in the Supreme Court and high courts.

The bill sailed through the Senate with a two-thirds majority — 65 in favor — and was presented in the National Assembly, which after several delays passed at 5 am, becoming law.

In the NA, a total of 225 lawmakers cast their in favor, while 12 legislators voted against it. Treasury benches secured support from JUI-F’s eight members while six independent and PTI-backed candidates — Usman Ali, Aurangzeb Khichi, Mubarak Zeb, and Zahoor Qureshi — voted in favor of amendments along with PML-Q’s Chaudhry Ilyas.

Following the parliamentary procedures, Prime Minister Shehbaz Sharif on Monday sent his advice to President Asif Ali Zardari for his assent on the newly enacted Constitution (Twenty-Sixth Amendment) Act, 2024, which contains 27 clauses.

After the passage of the first clause, the PTI members walked out of the assembly. The remaining clauses of the bill were passed smoothly and swiftly without any resistance from opposition members.

Key amendments

The term for the Chief Justice of Pakistan (CJP) has been set at three years and a 12-member parliamentary committee will select the new Chief Justice from a panel of the three most senior judges.

This committee, consisting of eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.

In addition, the Judicial Commission of Pakistan, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a legal expert with at least 15 years of Supreme Court experience, will oversee judicial appointments.

A Woman or Non-Muslim other than a member of Majlis-e-Shoora (Parliament) who is qualified to be a member of the Senate as a technocrat to be nominated by the speaker of the National Assembly for a term of two years.

The bill further includes the provision of the complete eradication of Rriba (interest) from the country by January 1, 2028. This has been added through an amendment to Article 38 at the suggestion of Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazl-ur-Rehman.

Formation of constitutional benches

The amendment included provisions for establishing constitutional benches in the Supreme Court and high courts, with equal representation from all provinces.

The constitutional Benches would comprise an equal number of judges from each province. The most senior judge nominated under clause (1) shall be the presiding judge of the constitutional benches in this part referred to as the presiding judge.

No bench of the Supreme Court other than a Constitutional Bench shall exercise the following jurisdictions vested in the Supreme Court, the bill added.

The amendment also included provisions related to the Supreme Judicial Council’s composition, consisting of the Chief Justice of Pakistan the two most senior judges of the Supreme Court, and two mist chief justices of High Courts.

PM declares historic milestone

Declaring it a milestone in the country’s history, Prime Minister Shehbaz Sharif said that the 26th Constitutional Amendment Bill passed by the parliament would safeguard the future of Pakistan.

While addressing the National Assembly after the legislation passed in the wee hours of Monday, the PM said “The 26th constitutional amendment is not just an amendment but an example of national solidarity and unity. A new sun will rise, emanating across the nation.”