In a historic development, the Senate of Pakistan has passed the 26th Constitutional Amendment, signaling a profound shift in the nation’s judicial landscape. This legislative move introduces significant reforms, particularly regarding the appointment of the Chief Justice of Pakistan (CJP) and the limitation of the Supreme Court’s suo motu powers.
Key Highlights of the 26th Constitutional Amendment
Focuses on two critical areas:
- Limiting Suo Motu Powers of the Supreme Court: The amendment restricts the Supreme Court’s authority to take suo motu action, ensuring that such powers are exercised only under stricter circumstances and through a collective decision by a judicial bench.
- Appointment of Chief Justice of Pakistan: One of the most notable changes is the revision of the CJP’s appointment process. The Prime Minister will now have the authority to appoint the CJP from the three most senior judges of the Supreme Court, limiting the CJP’s term to three years.
Senate Voting Process and Majority Support
The bill was passed on October 20, receiving a two-thirds majority in the Senate after weeks of negotiations and deliberations among political parties. Despite previous hurdles in securing support from opposition parties like JUI-F, the ruling coalition, led by PML-N, was able to navigate through the complexities to garner widespread backing.
The next crucial step lies in the National Assembly, where the bill is expected to be passed with similar support. If approved, the 26th Amendment will stand as a milestone in the country’s legal history, reshaping the judicial framework.
Federal Constitutional Court Proposal and Compromise
A significant aspect of the amendment’s journey was the initial proposal to create a Federal Constitutional Court, an idea met with opposition from PTI and other parties. After negotiations, a compromise was reached, resulting in the establishment of constitutional benches within the Supreme Court rather than a separate court.
This compromise reflects the broader consensus-building efforts among Pakistan’s political parties, demonstrating their willingness to work together in the interest of national progress.
Challenges During the Drafting Process
The original draft of the 26th Constitutional Amendment featured 56 proposed changes. However, after consultations within a specially-formed parliamentary committee, the final version of the bill was reduced to 22 amendments.
Among the key adjustments was the decision to form a Special Parliamentary Committee that would oversee the nomination of the Chief Justice from among the three senior-most judges. This added layer of scrutiny ensures a more balanced process in judicial appointments, limiting the previously predominant role of the presidency.
Limiting Suo Motu Powers: Article 184 Amendment
The amendment also includes changes to Article 184, which defines the Supreme Court’s suo motu powers. This restriction aims to prevent the overuse of this judicial tool, which has been a subject of debate among legal experts in Pakistan.
The government’s stance on this limitation is that it will lead to more balanced judicial actions, encouraging a collaborative approach to such cases rather than relying on individual discretion.
Impact on Pakistan’s Judiciary
The 26th Constitutional Amendment is a transformative step toward creating a more transparent and accountable judiciary in Pakistan. By limiting the powers of the Supreme Court and introducing a more structured process for the appointment of the Chief Justice, this amendment ensures that judicial decisions are made with greater oversight and consensus.
The creation of specialized constitutional benches within the Supreme Court and high courts is another significant step forward. These benches will focus on key constitutional issues, ensuring that specialized attention is given to critical legal matters, which will likely enhance judicial efficiency.
With the Senate’s approval, all eyes now turn to the National Assembly, where the 26th Amendment is expected to be tabled soon. Political analysts are optimistic that the amendment will pass smoothly in the Assembly, given the overwhelming support in the Senate.
If passed, this amendment will mark a turning point in Pakistan’s judicial history, setting the stage for a more balanced and transparent legal system.
Inside Govt’s Secret Amendment Package
The government’s silence on its proposed Constitutional Amendment Package has raised several concerns. A key feature appears to be the creation of a separate Constitutional Court to handle matters under Articles 184-186. This raises questions about its authority relative to the Supreme Court and who would appoint its judges. While the government claims the court would help reduce the Supreme Court’s 60,000-case backlog, critics argue that it could politicize the judiciary and compromise its independence. The package also includes extending judges’ retirement age and altering the process for appointing the Chief Justice, sparking further controversy over political influence.
