The 26th Amendment intends to bring about major changes in governance, judicial structure and parliamentary powers in Pakistan. These 54 changes are the original first draft. Later, the parliament passed the 26th Amendment with several changes through the 26th Amendment to the 1973 Constitution of Pakistan.
54 Changes in Pakistani Constitution through 26 Amendment shares what government intends to change within the 1973 Constitution of Pakistan. The government was trying to table the amendment since last month. However, the political differences amongst key parliamentary parties did not allow it to do so. Yet, the government does not seem unhindered with the challenge. Now, it seems that the government is able to secure the support for 26th amendment through agreement of PPP and JUI (F).
Let us review what the change will look like in the constitution after the amendments get through from the parliament. They key changes involve amendments to articles 51 (Parliament), 63 (Disqualifications for Membership of Parliament), 175 (Establishment and Jurisdiction of Courts), and 187 (Issue and Execution of Processes of Supreme Court) of the Constitution.
One significant amendment aims to increase representation in the Baluchistan Assembly, proposing to raise the number of seats from 65 to 81. Additionally, amendments to Article 63 (Disqualifications for Membership of Parliament) include stipulations regarding the voting rights of dissident members.
The amendment makes a significant change to appeals on constitutional pleas. The appeals against the decisions of the constitutional court would be heard within the same court. There are also plans to amend Article 181 (Acting Judges) and hearings related to Articles 184 (Original Jurisdiction of Supreme Court), 185 (Appellate Jurisdiction of Supreme Court), and 186 (Advisory Jurisdiction) would take place in the constitutional court.
New Articles in Constitution
The new articles in the constitution include:
Proposals include the transfer of judges to high courts in other provinces. The appointment of the chief justice would be made from a panel of five senior judges of the SC, with the government selecting the chief justice from among them. The remaining four judges of the constitutional court would also be appointed by the government.
Major Changes through 26th Amendment
The proposed legislation adds a new article (9A) to the constitution’s chapter on Fundamental Rights to entitle all citizens to healthy and clean environment. Amendments have been proposed to Article 48 to give immunity to PM from having any advice sent to the president from scrutiny by courts.
A change has also been proposed to Article 63-A to allow votes cast against party lines to be counted. The amendment also proposes a change to Article 177 to bar foreign nationality holders from becoming judges.
Another change has been proposed to Article 179 to change the term of the Chief Justice of Pakistan to three years. However, the retirement age has not been changed from 65. Amendments to Article 215 propose that the Chief Election Commissioner will continue to hold office until his successor is appointed, even if the former’s term has ended. The amendment also proposes that the CEC can be reappointed to his office for another term through a resolution in parliament.
Proposed amendment to Article 239 says that no courts will be able to question any constitutional amendment passed by the parliament. Changes to Article 200 will allow the government to transfer judges from one High Court to the other. However, the transfers will only be made with the consent of the concerned judge, the chief justices of the two High Courts and the Supreme Court.
Establishment of Constitutional Court
A major portion of the constitutional amendment deals with the establishment of a new Federal Constitutional Court. Amendments to Article 17 propose that the matter of political parties should be referred to the Federal Constitutional Court instead of the Supreme Court. For this, Article 48 will be amended to include judges of the new court among those whose conduct cannot be questioned by the Parliament. Changes have also been proposed to Article 81 to allow for the Federal Constitutional Court to be funded like the Supreme Court and High Courts.
The new court will have its own Chief Justice, who will also be the chairperson of the Judicial Commission to appoint judges in High Courts and Shariat Court. The Chief Justice of the Federal Constitutional Court will be appointed from the three senior most judges of the court on the recommendation of the National Assembly Committee. Moreover, the Chief Justice of the new court will have a retirement age of 68 years. According to amendments in Article 184, the Federal Constitutional Court will have jurisdiction in matters involving two governments.
