The coalition government on Sunday finally powered the disputed 26th Constitutional Amendment Bill, 2024, through the Senate, capping the Chief Justice of Pakistan’s (CJP) tenure at three years, despite opposition from the Pakistan Tehreek-e-Insaf (PTI).
The bill was tabled hours after the federal cabinet approved the draft amendments after hanging in balance for weeks. The house voted 65-4 to approve the 26th Constitutional Amendment Bill with the required two-thirds majority.
The political leaders continued to hold consultations on the constitutional tweaks till late Saturday night, with uncertainty regarding the tabling of the draft due to severe opposition from the PTI.
The coalition government was initially set to present the legislation yesterday but decided to defer it at the request of the Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman who said that his party would be able to cast its votes in favour of the 26th constitutional amendment after receiving a response from the PTI.
The former ruling party has time again expressed concerns over the prospective judiciary-oriented legislation provisioning a fixed three-year term of the Chief Justice of Pakistan (CJP), establishment of constitutional benches, restructuring of the Supreme Judicial Council, and the formation of a Special Parliamentary Committee which will suggest names from amongst the three most senior judges of the apex court for the CJP’s appointment.
Senate session
Addressing the Senate session, Federal Minster for Law Azam Nazeer Tarar said that the government’s allied parties and Jamiat Ulema-e-Islam-Fazl (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 discussed the proposed constitutional package.
The law minister, speaking on the floor of the Upper House, requested Senate Chairman Yusuf Raza Gilani to allow him to table the draft of the 26th Amendment Bill.
He pleaded with the chairman that the proposed amendments should be tabled in the House as a supplementary agenda. He informed the House that the procedure to appoint judges had been changed in the 18th Amendment.
“Chief Justice of Pakistan (CJP) Qazi Faez Isa has consistently expressed his lack of interest in extending his tenure as the top judge,” the law minister said in response to the criticism from the opposition.
Once again, dispelling the widespread notion, the minister categorically stated that CJP Isa would retire as scheduled.
Additionally, the minister mentioned that one of the draft amendments pertained to the constitutional benches of the apex court.
Stressing the necessity of judicial reforms, Tarar, without specifically naming anyone, referred to a former chief justice who frequently issued suo moto notices. Furthermore, Tarar remarked, “Our courts sent elected prime ministers home.”
Detailing the bill, the law minister said that a constitutional bench would be established within the Supreme Court.
He added that the judges would be appointed by the judicial commission, and the commission should have the authority to assess the judges’ performance.
“Constitutional benches will be formed by the commission, and the term of the top court would be limited to three years, with the top judge being selected from the three senior-most judges of the apex court,” Tarar said giving an overview of the bill.
To enhance the legislature’s role in appointing judges, Tarar mentioned that the 12-member parliamentary committee, with a two-thirds majority, would appoint the CJP.
In the updated draft, it was also noted that constitutional benches could be established in the provinces. The minister emphasised that the purpose of the bill was to provide prompt and affordable justice to the common man and urged the Upper House to vote in favour of the bill.
Speaking on the upper house floor, PTI Senator Barrister Ali Zafar termed the Constitution a “social contract”, that unites the nation. “If there is no consensus, the Constitution will die its own death,” he said.
He pointed out that the Constitution is formed with the consent of the people and the “amendments should also be made with their consent.”
Zafar cited the example of Article 58(2)(b) — which empowers the president to dissolve the government — saying that both Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) governments became targets of this amendment.
