After months of political negotiations, Pakistan’s parliament has successfully passed the 26th Constitutional Amendment Bill, which proposes significant changes to the country’s judiciary. The bill received overwhelming approval from both houses of parliament and will now be sent to the president for assent.
As reported by Dawn, the Senate initially approved the bill with a two-thirds majority. The National Assembly then debated the legislation during a late-night session that began at 11:36 PM local time and continued past midnight, ultimately passing at 5 AM. The bill required 224 votes in the National Assembly, and 225 members voted in favor, while 12 members from the Pakistan Tehreek-e-Insaf (PTI) and the Sunni-Ittehad Council (SIC) opposed it. Notably, the PTI staged a walkout during the initial readings.
Prime Minister Shehbaz Sharif hailed the amendment as a triumph for parliament, stating, “Today, it’s been decided that Parliament reigns supreme.” The PTI, however, abstained from voting, citing a need for further consultation on such serious legislation.
The 26th Constitutional Amendment introduces several critical changes to the judiciary. One of the most notable alterations is the limitation of the Chief Justice of Pakistan’s (CJP) term to three years, down from the previous age limit of 65. The new process for appointing the CJP involves a Special Parliamentary Committee recommending candidates from the three most senior Supreme Court judges, complicating the appointment process.
Additionally, the amendment revokes the Supreme Court’s suo motu powers, restricting the court from taking unilateral action without an application. Law Minister Azam Nazeer Tarar defended this change, arguing it would curb the current CJP’s frequent issuance of suo motu notices, but critics warn it could hinder the court’s ability to protect rights promptly.
In addition to judicial reforms, the amendment also mandates the elimination of all forms of “riba,” or interest, by January 1, 2028. This measure aims to foster Islamic banking practices in Pakistan, responding to a directive from the Federal Shariat Court in 2022 that ordered the government to eradicate interest-based systems by 2027.
The question now arises whether the Supreme Court can challenge the constitutionality of the new amendment. Legal experts note that the amendment would have to be contested in court before any intervention occurs. If such a challenge occurs, it would likely be evaluated by judges selected under the new amendment, raising concerns about judicial independence. As the political landscape shifts, the implications of these changes on Pakistan’s judiciary and governance remain to be seen. “Pakistan Passes 26th Constitutional Amendment: A Shift in Judicial Power”
