After a month of intense negotiations, the 26th Constitutional Amendment Bill, commonly referred to as the Constitutional Package, was officially enacted early Monday morning, securing approval from both houses of parliament with a two-thirds majority.
According to the 24NewsHD TV channel, the Senate initially approved the bill, which was then presented to the National Assembly during a late-night session that commenced at 11:36 pm and concluded around 5 am.
The newly enacted law, now known as the Constitution (Twenty-Sixth Amendment) Act, 2024, will soon be submitted to the president for assent in accordance with Article 75 of Pakistan's Constitution.
To pass the bill, the government required 224 votes. When the voting began under the leadership of National Assembly Speaker Ayaz Sadiq, 225 members supported the motion, while 12 members from the PTI and the Sunni-Ittehad Council opposed it.
After the Senate passed the 26th Constitution Amendment Bill 2024 with a two-thirds majority on Sunday evening, the session of the National Assembly (NA) convened late-night to pass the bill. The government requires 224 votes to pass the bill and enact it into law.
Speaker National Assembly Sardar Ayaz Sadiq is charining the session. Law Minsiter after tabling the bill in the National Assembly briefed the lawmakers about the salient features of the proposed amednemnts.
PML-N President Nawaz Sharif on Sunday reached the Parliament House as the National Assembly session was about to pass the constitutional amendment. According to details, the former prime minister was flanked by former Punjab chief minister Hamza Shehbaz. The PML-N supremo was welcomed by Prime Minister Shehbaz Sharif.
The bill, the Constitutional Package, aimed at constitutional amendments, including the fixture of the chief justice’s term. Approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, the bill was presented in the Senate today by Law Minister Azam Nazeer Tarar. Once the bill — containing 22 clauses — was officially tabled, Senate Chairman Yousaf Raza Gilani read out its contents and asked lawmakers to cast their votes.
Following the voting, the constitutional amendment bill was approved by a two-thirds majority. “Sixty-five members are in favour of the motion regarding the passage of the bill, and four members are against it,” Gilani said. “So, the motion is carried out by the votes of not less than two-thirds of the total membership of the Senate, and consequently, the bill stands passed.”
Following multiple delays and controversy, the Senate has passed the 26th Constitutional Amendment Act 2024, with 65 members of the House voting in favour of 22 clauses. The bill, which was approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, was presented in the Senate today by Law Minister Tarar.
According to the amendments under Article 179, the Chief Justice of Pakistan will be appointed for three years. Chief Justice of Pakistan will retire at the age of 65.
According to the amendments, under Article 191 of the Constitution, constitutional benches will be formed to reviews constitutional petitions. More than one constitutional bench can be formed in the Supreme Court. Three senior judges of the Supreme Judicial Council will form constitutional benches. All pending and pending constitutional cases, revisions and appeals will be transferred to the Constitutional Benches. The Supreme Judicial Council will determine the judges of the constitutional benches and their tenure. Judges of all provinces will have equal representation in constitutional benches. No order under this clause shall be passed except in pursuance of any jurisdiction vested in and exercised by the Supreme Court. No bench of the Supreme Court except the Constitution Bench shall exercise the following jurisdiction. The Constitution Bench will consist of not less than five judges.
Amendment of Article 193 said that no person with dual citizenship can become a High Court Judge. According to the constitutional amendments, 40 years of age and 10 years of experience have been set for high court judges.
Amendment to Article 193 approved by the Senate says High Court will not automatically have any order or direction beyond the contents of the petition filed. According to the amendment in Article 175A, the commission will be formed for the appointment of Supreme Court and High Court Judges. Under Clause 3A of Article 175A, a special parliamentary committee consisting of 12 members will be formed for the appointments of judges. In the special parliamentary committee, 8 members will be taken from the National Assembly while four members will be taken from the Senate. In case of dissolution of the National Assembly, all members of the Special Parliamentary Committee will be from the Senate. All political parties will have proportional representation in the Special Parliamentary Committee.
The Commission for the appointment of judges will consist of 13 members. The Chief Justice of Pakistan will be the head of the commission. Four senior judges will be part of the Federal Minister of Law, Attorney General and Senior Advocate Pakistan Bar Council Commission. The commission will consist of members of the Assembly and members of the Senate drawn from the government and the opposition. The Leader of the House and Leader of the National Assembly and Senate will nominate the members.
The Parliamentary Leader will be authorized to appoint members of the Special Parliamentary Committee to the Speaker and the Chairman of the Senate. The Speaker will issue the notification of the Special Parliamentary Committee of the National Assembly. The Chief Justice will be bound to provide the seniority list 14 days before retirement. The Chief Justice of Pakistan will send the names of senior judges to the Special Parliamentary Committee. The Parliamentary Committee will select one of the three names and send it to the Prime Minister. The Prime Minister will send the name to the President for the appointment of the Chief Justice.
On the refusal of the names of the judges in the seniority list, the parliamentary committee will consider the name of the next senior judge. The parliamentary committee will review the nominations until the Chief Justice is appointed.
After the approval of the 26th constitutional amendment, the Chief Justice will be bound to submit his name to the parliamentary committee three days before his retirement. The special parliamentary session will be held in camera.
In case of dissolution of the National Assembly, 2 members will be taken from the Senate. Article 68 shall not apply to the proceedings of the Special Parliamentary Committee on the appointment of the Chief Justice. The Supreme Judicial Commission will have the authority to review the performance of the High Court judges on an annual basis. If the appointment of the High Court judge is unsatisfactory, the commission will give a time frame to the judge to improve his performance.
If the judge's performance is again unsatisfactory within the given time frame, the report will be sent to the Supreme Judicial Council. The Supreme Judicial Council will look into the unsatisfactory performance of the Chief Justice of the Supreme Court, the Chief Justice of the High Courts or the judges in the Commission. Supreme Court and High Court judges can be removed under the said amendment.
The Council shall inquire into physical or mental disability, misconduct, and malfeasance on the report of the Commission or on the request of the President. The Supreme Judicial Council will complete the inquiry related to the concerned judges within 6 months without delay.
The President of Pakistan shall have the authority to take action against judges who are found guilty of incompetence, misconduct or unsatisfactory performance in the judicial commission report. The president will have the power to remove any judge of the Supreme Court or the High Court on the report of the Judicial Council.
The meeting of the commission regarding the appointment of judges can be called at the request of one-third of the members. The Chairman Commission shall be bound to convene a meeting of the Commission within fifteen days on any request. According to the amendment in Article 177, for elevation of High Court judges to apex court, a judge must have five years of working experience in High Court. For any lawyer to become a Supreme Court judge, 15 years of practice as a lawyer is required.
Under Article 184, the Supreme Court's power of suo moto notice is over. Under Article 184, the Supreme Court shall not give any decision or direction other than the contents or powers of the petition filed. Article 186 says the fee for filing an appeal in the Supreme Court against the High Court decision has been increased from Rs 50,000 to Rs 10 lakh. Under Article 187, no order shall be passed except in accordance with the jurisdiction exercised by the Supreme Court.
Federal cabinet approves draft of 26th Constitutional Amendment Bill
Earlier, the federal cabinet on Sunday approved the draft of the 26th Constitutional Amendment proposed by the government allied parties including the Pakistan Peoples Party. During the cabinet meeting chaired by Prime Minister Muhammad Shehbaz Sharif, Minister of Law and Justice, Azam Nazeer Tarar provided a detailed briefing on the amendment.
Addressing the cabinet, PM Shehbaz Sharif hailed the decision as a major achievement for Pakistan’s development and progress. “The cabinet has made an excellent decision for the development, prosperity and the betterment of the country’s overall situation.” The prime minister congratulated the nation on the approval of the 26th Amendment, emphasizing that it was made in the larger national interest. He reiterated the government’s commitment to public welfare and the constitutional integrity of the country.
“By the grace of Allah, after stabilizing the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan,” he said. Looking ahead, the prime minister assured that the government would continue working diligently for the country’s development, prosperity, and stability in line with the promises made to the people, he affirmed. He also expressed gratitude to the heads of the government’s allied parties for their support, particularly acknowledging the contributions of PPP Chairman Bilawal Bhutto Zardari, Deputy Prime Minister and Foreign Minister Ishaq Dar, Interior Minister Mohsin Raza Naqvi, Adviser to the Prime Minister Rana Sanaullah, and Minister of Information and Broadcasting Attaullah Tarar.
Reporter: Awais Kiyani