Pakistani Parliament has made significant changes in the 1973 Constitution through the 26th Amendment Bill presented on 20th October 2024.
26th Constitutional Amendment of Pakistan bill was presented in Parliament on 20 October 2024. The bill focuses on major changes in the constitution in multiple ways.
The bill opens: “WHEREAS, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan in the manner for the purposes hereinafter appearing;”
The amendment have proposed major changes to the judiciary of Pakistan. In particular, the laws related to the Supreme Court of Pakistan were significant.
Changes in 26th Amendment
Most importantly, the tenure of Chief Justice of Pakistan is set to three years. Additionally, the Chief Justice will not be appointed on the basis of seniority. Rather, the government can select the Chief Justice from anyone amongst the three senior most judges at the time of appointment. Moreover, the powers of the courts related to Suo Motu are also over with the 26th Constitutional Amendment of Pakistan.
The Article states, “Chief Justice of Pakistan shall be appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior Judges of the Supreme Court. The Committee, constituted for the aforesaid purpose, shall send the name of the nominee to the Prime Minister who shall forward the same to the President for appointment.”
It also shares the scenario of decline from an individual to take the portfolio. “Provided that where the nominee under this clause declines, the next most senior Judge shall be considered by the Committee and so on till the appointment of the Chief Justice of Pakistan,” it states.
The Amendment is also changing the structure of Judicial Commission of Pakistan. To see the full draft of 26th Constitutional Amendment of Pakistan, we have included the submission of draft in Parliament.
26th Constitutional Amendment of Pakistan
Pakistan’s Parliament gave its nod to the 26th Constitutional Amendment of Pakistan in a late night session between 20th and 21st October 2024. The session continued until the next morning where the parliamentary parties vote count stood at 225 members, against the required strength of 224 members.
