Pakistan’s Senate passed the controversial 26th Constitution Amendment Bill on Sunday, October 20, 2024, limiting the tenure of Pakistan’s Chief Justice to three years, despite opposition from jailed former Prime Minister Imran Khan’s party.
The upper house of the parliament approved the 26th Constitutional Amendment Bill with a vote of 65-4, meeting the required two-thirds majority. The government needed the support of 64 members.
The Bill, which was previously approved by the Cabinet with consensus among the ruling coalition partners, was presented in the Senate by Law Minister Azam Nazeer Tarar.
“I… wish to introduce a bill further to amend the Constitution of the Islamic Republic of Pakistan, the Constitution 26th Amendment Bill, 2024,” Mr. Tarar said as he presented the Bill in the upper house.
Senate Chairman Yousaf Raza Gilani asked if there was any opposition to the Bill, to which he received no response from the Senate members.
The Bill consisted of 22 clauses of amendments. The upper house passed the Bill clause-wise, with all clauses receiving the support of 65 senators.
The magic number was achieved after Jamiat Ulema-e-Islam-Fazl’s five senators and two lawmakers of Balochistan National Party-Mengal voted in favor of the bill. The BNP-M supported the amendment despite violating the party line to abstain during the process.
“Sixty-five members are in favor of the motion regarding the bill and four oppose the bill….and consequently the bill has been passed,” Gilani announced.
The Bill establishes a 12-member commission to appoint the chief justice, who will serve a three-year term.
The Bill will now proceed to the National Assembly, where it requires a two-thirds majority to pass. Finally, it must receive the approval of the president to become part of the constitution.
Earlier in the day, the Cabinet approved the proposed draft of the controversial bill during a meeting chaired by Prime Minister Shehbaz Sharif after seeking consensus from the coalition partners, his office stated.
According to a statement from the Prime Minister’s Office, the cabinet decided to approve the bill “in the wider interest of the country while adhering to the oath of national development and public welfare.” Before the cabinet meeting, Prime Minister Shehbaz met with President Asif Ali Zardari for detailed discussions on the proposed constitutional amendment, during which the president was briefed and consulted.
Law Minister Tarar mentioned in a press conference before the Senate session that a new body would be created to appoint judges. He explained that before the 18th Amendment, judges were appointed by the President on the advice of the Prime Minister.
The ‘new-face’ commission would include the Chief Justice, four senior-most apex court judges, two senators, and two national assembly members – one from each party in the opposition.
These changes in the law are aimed at expediting the dispensation of justice by the apex court, Tarar added.
Pakistan Tehreek-e-Insaf (PTI) leader Ali Zafar was the first to address the Senate on the bill.
In a scathing criticism, he accused his party lawmakers of being coerced to vote in favor of the bill. He stated that his party senators were absent from the vote due to fear of abduction to force them to vote for the government.
Zafar urged the chairman senate not to count the vote of any PTI senator if they voted in favor. Despite his party announcing a boycott of the voting process, Zafar came to the house to present his party’s position.
After a meeting with JUI-F chief Maulana Fazlur Rehman, PTI chairman Barrister Gohar Ali Khan stated that the party had “no objections” to the final draft but would not vote on the bill in parliament.
“Our leader Imran Khan will always have the final say on party decisions, so we act on his instructions and recommendations,” Khan explained. Rehman supported the PTI’s decision not to vote on the bill.
Pakistan People’s Party chief Bilawal Bhutto-Zardari, who played a significant role in pushing for the bill’s passage, stated that the government would proceed with the amendment regardless of the PTI’s vote.
“We have waited long enough, and today, under any circumstance, this work will be completed,” Bilawal affirmed.
The coalition government is optimistic about passing the 26th Constitutional Amendment in parliament.
Strict security measures were in place for the National Assembly session, with guest entry strictly prohibited, according to the assembly’s spokesperson.
A constitutional amendment must be separately passed in the National Assembly and Senate with a two-thirds majority vote.
Defence Minister Khawaja Asif claimed that the government now has the necessary support to reach the required numbers for the amendment’s passage in both houses of parliament.
If passed, the government could prevent Justice Masoor Ali Shah from succeeding the current Chief Justice, Qazi Faez Isa, upon his retirement. Isa is set to retire on October 25 upon reaching the age of 65.
The original proposal to extend the retirement age of judges from 65 to 68 is not included in the amendment.
The bill must be passed before October 25 to establish the special panel per the deadline.
To pass the amendment, the government needs 224 votes in the 336-member National Assembly. The current coalition strength in the NA is 213.
The government had previously delayed tabling the amendment bill in Parliament due to a lack of support from Maulana Fazlur Rehman.
Published – October 21, 2024 02:35 am IST
