Senate approves long-awaited 26th constitutional amendment bill

ISLAMABAD: The Senate on Sunday approved long-awaited 26th constitutional amendment with two third majority – 65 votes – aimed at ensuring quick justice in the country and bringing transparency in judicial system, by incorporating all amendments proposed by Ulema-e-Islam-Fazl (JUI-F), ARY News reported.

Minister for Law and Justice Azam Nazeer Tarar piloted the Constitution (Twenty-Sixth Amendment) Bill, 2024 in the House. The House passed the bill through clause by clause reading.

In the bill having 27 clauses, amendments to various Articles of the constitutional have been proposed. A new Article 9 A regarding clean and healthy environment is also incorporated in the bill under which every person shall be entitled to a clean, healthy and sustainable environment.

As many as 65 members voted in favor of the bill while only four voted against it.

Kamran Murtaza of JUI-F moved amendments one by one which were incorporated in the bill after not opposing by the government.

Earlier, speaking in the House, Minster for Law and Justice Azam Nazeer Tarar said that the government, its allied parties and JUI-F reached a consensus on the draft of the constitutional amendment bill.

As part of the government’s efforts, a special parliamentary committee comprising representatives of all the political parties including the opposition Pakistan Tehreek-e-Insaf (PTI) discussed the proposed constitutional package.

He went on to say that the procedure to appoint judges in the superior judiciary had been changed in the 18th Amendment. Both the prime minister and the president surrendered their powers and handed over their authorities to the parliament to bring more transparency in the appointment of judges, he added.

He said the parliamentary committee was empowered to approve or reject nomination of judges. However, he said the 18th Constitutional Amendment was challenged in court of law and message was given to the then government during the proceeding of the case that the amendment would be struck down.

The minister conceded that 19th Amendment was passed in haste to change the composition of the judicial commission (JC) and parliamentary committee on appointment of judges. Hence, the powers of parliamentary committee were reduced, he added.

Azam Nazeer said even the bar councils and other lawyers representative organizations including Pakistan Bar Council criticized and demanded to revisit the decision. They demanded to make appropriate amendments in Article 175-A of the constitution, he said.

Now, he said that the JC, responsible for the appointment and confirmation of judges would consist of the Chief Justice of Pakistan (CJP), four senior Supreme Court judges, four parliamentarians, the Law Minister, an advocate having at least 15 years experience, and the Attorney General. Out of four parliamentarians, two members each from Senate and National Assembly, he added.

He said one member of the JC would be either a women or a non-Muslim qualified to become a senator on a technocrat seat, clarifying the nomination would be made by the Speaker National Assembly.

He said no changes have been made to the provincial Judicial Commissions, where the Chief Justice of the High Court, a senior judge, and the provincial law minister would continue to assess judges’ performance.

The minister said that the amendment outlines the procedure for appointing the CJP, clarifying that the Prime Minister would no longer exercise this authority, instead delegating it to the Parliament. A 12-member committee would finalize the nominations and forward them to the PM, with the CJP serving either until retirement or for a maximum of three years, he said.

He said that the appointment of the CJP was a part of the reform package, with three senior judges being considered for the position, from which one would be selected as Chief Justice of Pakistan (CJP).

The minister said that the mechanism for forming constitutional benches at the Supreme Court and provincial levels had been clarified, with logistical preparations needed at the provincial level. Provincial assemblies, with a 51 percent majority, could pass a resolution to establish a provincial constitutional bench, he said.

He said the formation of these benches would be under the authority of the JC headed by the CJP.

He said setting up constitutional court was part of Charter of Democracy (CoD) signed by Shaheed Benazir Bhutto and Muhammad Nawaz Sharif in 2006. The Chairman PPP Bilawal Bhutto also took up the matter which was pending agenda part of the CoD, he added.

He said in past, elected prime ministers were removed from their offices by exercising Article 184 of the Constitution although there was clear procedure given in the Article 195 of the constitution. In 2022, the elected prime minister was removed under the Article 195 devised in the constitution through vote of no confidence, he added.

He clarified that incumbent CJP Qazi Faez Isa was not interested in any extension adding, ”During the pre meetings that I had held with the top Judge, he reiterated his disinterest in his extension of his tenure, saying that any amendment would come into effects after his retirement”.

Azam Tarar said that the JC would have the authority to draft rules and establish a clear process for evaluating judges’ professional capabilities. The JC, in collaboration with the CJP and provincial high courts, would regularly review judges’ performance, he added.

He said that the JC would provide reports on judges’ professional skills, and five technical advisors could be appointed in the National and Provincial Assemblies under the constitution.

He said Kamran Murtaza of Jamiat Ulema-e-Islam (JUI) proposed five amendments which have already been included in the draft.