President signs 26th Constitutional Amendment Bill into law
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President Asif Ali Zardari on Monday signed the 26th Constitutional Amendment Bill into law, introducing a raft of reforms in the judiciary, reported 24NewsHD TV channel.
A gazette notification regarding enforcement of the 26th Constitutional Amendment was issued after getting signatures from President Zardari.
According to the constitutional amendment, the new chief justice of Pakistan will now be appointed by a parliamentary committee.
The federal government, in the meanwhile, has decided to immediately constitute a parliamentary committee for the appointment of the chief justice.
Earlier, after burning midnight oil to get the 26th Constitutional Amendment Bill passed from both houses of the Parliament, Prime Minister Shehbaz Sharif early Monday sent an advice to President Asif Ali Zardari for signing the Bill into the law.
Prime Minister Shehbaz Sharif earlier signed the advice on the 26th Constitutional Amendment Bill after its passage by both the houses of the parliament.
Earlier, the National Assembly and Senate passed the bill with a two-thirds majority under which the term for the Chief Justice of Pakistan has been set at three years. A 12-member parliamentary committee will select the new chief justice from a panel of the three most senior judges.
Adding more oversight into judicial affairs, the latest constitutional amendment envisages introduction of reforms to the appointment process and tenure of the Chief Justice of the Supreme Court and establishment of constitutional benches at the Supreme Court, with equal representation from all provinces. It also provides to establish constitutional benches at the high courts. The senior-most judge of each constitutional bench will serve as its presiding officer.
https://www.youtube.com/watch?v=b5vkItnn20k
--Chief Justice Appointment--
Under the constitutional amendment, the term for the Chief Justice of Pakistan has been set at three years. A 12-member parliamentary committee will nominate the new Chief Justice of Pakistan from a panel of three most senior judges. The committee, comprising 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.
--Judicial Commission--
Under the newly passed 26th Constitutional Amendment, the appointment of Supreme Court judges will be overseen by a Judicial Commission headed by the Chief Justice of Pakistan. It will consist of two members each from the National Assembly and the Senate, four senior judges of the Supreme Court, the Federal Minister for Law, the Attorney General, and a representative from the Pakistan Bar Council, having not less than 15 years of practice in the Supreme Court. Additionally, a minority representative or a woman nominated by the Speaker of the National Assembly will also be a member of this committee. To ensure confidentiality, the proceedings regarding judicial appointments will be held in camera. The commission will also monitor judges’ performance and report any concerns to the Supreme Judicial Council.
--Supreme Judicial Council--
The amendment also included provisions related to the Supreme Judicial Council’s composition, ensuring a diverse and robust judicial structure with the council consisting of the Chief Justice of Pakistan and two most-senior judges of the Supreme Court and the two most-senior Chief Justices of the High Courts. The Supreme Judicial Council has also been empowered to review the performance of High Court judges, with the authority to create rules and regulations as needed.
--Suo Motu--
One of the key provisions in the 26th Constitutional Amendment is the limitation on the Supreme Court or High Courts to take suo motu (self-initiated) actions or issue instructions to any institution. Such matters will now be decided by a three-judge committee formed under the Practice and Procedure Act.
Riba to be abolished by 2028
One of the most significant components of the amendment is the complete eradication of Riba (interest) from the country by January 1, 2028. This has been added through an amendment to Article 38, reflecting Pakistan’s commitment to an interest-free economic system.
The amendment also incorporates five proposals from the Council of Islamic Ideology, focusing on issues like the Federal Shariat Court and Riba, further aligning Pakistan’s legal framework with Islamic principles. The clause was added to the draft amendments at the suggestion of Jamiat Ulema-e-Islam-Fazl (JUI-F), the Maulana Fazl-ur-Rehman.
--Constitutional benches--
The amendment further provides for the establishment of constitutional benches in both the Supreme Court and High Courts. The Judicial Commission will be responsible for determining the number of such benches and assigning judges to them. The powers and jurisdiction of the Constitution Bench will be exclusive and non-transferable to any other bench.
According to 191A constitutional Benches of the Supreme Court: (1) there shall be constitutional Benches of the Supreme Court comprising such Judges of the Supreme Court and for such term may be nominated and determined by the Judicial Commission of Pakistan from time to time. 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. Original jurisdiction of the Supreme Court under Article 184. Appellate jurisdiction of the Supreme Court under Clause (3) of Article 185, where a judgement or order of a High Court passed under Article 199 involves constitutionality of any law or a substantial question of law as to the interpretation of the constitution; and advisory jurisdiction of the Supreme Court under Article 186. The amendment included provisions for establishing constitutional benches in the Supreme Court and high courts, with equal representation from all provinces. The senior-most judge of each constitutional bench will serve as its presiding officer.
--Supreme Judicial Council--
The Supreme Judicial Council has also been empowered to review the performance of High Court judges, with the authority to create rules and regulations as needed. The Supreme Judicial Council will emulate the performance and report to the president.
--Transfer of Case--
The amendment also allows the Supreme Court to transfer cases pending in one High Court to another, ensuring a more flexible judicial process. High Courts are now required to resolve any appeal within a 12-month period.
--Unchallengeable Actions--
Additionally, the amendment stipulates that no court or authority may question the advice sent by the Prime Minister or the Cabinet to the President.
--Oath Taking Issue--
In instances where it is not feasible to administer an oath before a designated official, the Chief Justice of Pakistan or the Chief Justice of the High Court will be authorised to do so.
8775 (2024) Ex. Gaz-I NA by Khawaja Burhan
Smooth passage
The Senate first passed the amendment with a two-thirds majority, where 65 members voted in favour. While the first clause faced some resistance, with four opposition members voting against it before staging a walkout, the rest of the amendment clauses passed smoothly.
Later the National Assembly passed the Constitutional (Twenty Sixth Amendment) Bill with a two-thirds majority, introducing significant reforms to the appointment process and tenure of the Chief Justice of the Supreme Court.
The amendment was tabled by Federal Minister for Law and Justice Azam Nazeer Tarar. A total of 225 lawmakers cast their votes in favour of the amendment, while 12 legislators voted against it. The amendment was passed clause by clause. The 26th Amendment contains 27 clauses.
PM Shehbaz highlights parliament’s supremacy
Addressing the National Assembly, Prime Minister Shehbaz Sharif early Monday said the 26th Constitutional Amendment Bill passed by the marathon parliament session would prove to be a milestone in the country’s history besides safeguarding its future. “This is a historic day. The 26th constitutional amendment is not just an amendment but another magnificent example of national solidarity and unity. Today a new dawn will usher in and a new sun will rise which will brighten the whole country,” he added.
PM Shehbaz said the new constitutional amendment would also help end the palatial conspiracies to oust the governments and remove the prime ministers besides ensuring the riddance from the verdicts like Reko Diq and Karkey which cost the country billions of dollars. Besides, this will also address the sufferings of the millions of people who had to wait for years to seek justice from the Supreme Court, he added.
Shehbaz said that with the passage of the 26th Constitutional Amendment Bill, the unfulfilled dream of the Charter of Democracy had been realized which was signed by Shaheed Benazir Bhutto and Mian Nawaz Sharif in 2006 and also endorsed by Maulana Fazlur Rehman.
Responding to criticism by an opposition member, Shehbaz Sharif said the legislation was made by the votes of allied parties and the independent candidates, not by any turncoats.
The prime minister said the country had witnessed great judges like Justice Kiani and Justice Robert Cornelius but there were also some others who sacked two prime ministers with one on the basis of Iqama, when nothing was found in the Panama case. He told the members that the 26th constitutional amendment had ascertained the supremacy of the parliament.
Shehbaz, who earlier went to the seats of the parties’ leaders to thank them, particularly mentioned President Asif Ali Zardari, Bilawal Bhutto Zardari, Maulana Fazlur Rehman, Khalid Maqbool Siddiqui, Salik Hussain, Abdul Aleem Khan, Sardar Khalid Magsi, Aimal Wali Khan, Abdul Malik Baloch, Ejazul Haq, Professor Sajid Mir and others and expressed gratitude for their support to make such an amendment in the constitution that would “strengthen and safeguard the country’s future.”
Shehbaz wished the PTI would have joined the legislation process but he said that despite their absence, the parliament gave a message that the political parties and their leaders set aside their personal interests and went ahead to pass the amendment “which will become a milestone in the country’s history.
Nawaz Sharif goes poetic remarks
Pakistan Muslim League-N (PML-N) President Nawaz Sharif made an appearance through a poetic expression, reflecting on the challenges of leadership during the night-long National Assembly session.
Reciting the verses, he said: "They demand we live with grace, yet poison us and tell us to drink. When I drink, they ask why I don’t die, and when I die, they insist I must live."
Urdu verses of Nawaz Sharif's poetry recited in the House were: "Naz-o-Andaz Se Kehty Hain K Jeena Ho Ga--Zehar De Ker Kehty Hain K Pena Ho Ga, Jab Main Peeta Hoon To Kehtay Hain K Merna B Nahi--Jab Main Marta Hoon To Kehtay Hain K Jeena Ho Ga".
Nawaz’s poetic commentary drew a smile from Maulana Fazlur Rehman, who humorously pointed out a flaw in the verse.
Bilawal praises Maulana Fazl’s critical role
PPP Chairman Bilawal Bhutto-Zardari expressed gratitude to JUI-F Chief Maulana Fazlur Rehman for his crucial role in securing the passage of the bill.
“Maulana Fazlur Rehman did the most to ensure the success of this bill. His role in this process has been historic, and I can proudly say he played the most significant part in it,” Bilawal said. He also thanked PML-N, MQM-P, IPP, JUI-F, ANP, and other coalition partners for their contributions to the bill.
JUI chief opposes laying focus on ‘specific individuals’
Maulana Fazlur Rehman, the Ameer of Jamiat-e-Ulema-e-Islam-Fazl (JUI-F), commended the joint efforts of PPP Chairman Bilawal Bhutto Zardari, coalition partners, and the leadership of Pakistan Tehreek-e-Insaf (PTI) for successfully passing the 26th Constitutional amendment package, which reinforces the unity among the federating units.
Maulana Fazl said that the constitutional amendment package should aim to extend judges’ terms and bring about judicial reforms, instead of focusing on specific individuals.
He commended the cooperative efforts of cross-party leaders that led to the consensus passage of the 1973 Constitution in April 1973, involving all stakeholders.
He remarked that Parliament, political parties, and leaders must reflect on their actions, as they have spoken about strengthening democracy since the era of former dictator Gen Zia-ul-Haq, yet have permitted democracy to weaken.
He pointed out that the initial draft of the constitutional amendment package contained 56 clauses, which he believes undermines democracy, but it was reduced to 22 through a consensus process. He applauded the inclusion of a clause in the constitutional amendment package designed to eliminate Riba from the country by 2028.
Parliament’s dignity restored: Kh Asif
Defence Minister Khawaja Asif said that the passage of the 26th Constitutional Amendment was aimed at restoring the respect and dignity of the parliament, as guaranteed by the Constitution of Pakistan.
He said that elected representatives should have the authority to legislate for the welfare of the public and that the minority should not impose its decisions on the majority.
“We are empowering the parliament, as agreed in the Charter of Democracy (CoD) signed by all political parties,” he said. “Today’s amendment restores power to the people of this country, through their elected representatives.”
He reiterated that the power had been devolved to the parliament and not to individuals. “The amendment reflects the principles laid out in the CoD and addresses issues that have been a part of its agenda for years,” he added.
Asif highlighted that thousands of cases were pending in the superior courts, and he expressed optimism that reforms in the judiciary would help improve the performance of the courts.
He also stressed the importance of protecting the respect of the parliament. He said, “Politicians face disqualification, they sacrifice their lives and endure imprisonment—why can’t the judiciary be held accountable?” he added.
Former Prime Minister Nawaz Sharif was removed from the office of Prime Minister simply for not withdrawing a salary from his son, he added. He added that parliament would hold the judiciary accountable, and criticized the opposition for opposing reforms aimed at enhancing the autonomy of the parliament.
He said that the present Chief Justice has restored the respect of the judiciary.
The minister also criticized PTI and its founder for victimizing political opponents. “The PTI leadership misused their authority and targeted opposition parties,” he said.
Asif appreciated Maulana Fazlur Rehman for his efforts in building consensus on the 26th Constitutional Amendment.
He also took a dig at opposition leader Omar Ayub Khan, accusing him of shifting allegiances between parties. He reminded the House that Ayub Khan’s grandfather was the first to break the Constitution and impose martial law in 1958.
The minister said that the current government would complete its constitutional tenure, and he voiced support for selecting the Chief Justice of the Supreme Court from a panel of three senior judges, as proposed in the amendment.
Reporters Rozina Ali, Awais Kiyani and Usman Khan