Proposed 26th constitutional amendment finalized

The proposed 26th Constitutional Amendment has reached its final stage, with key details of the draft surfacing on Thursday. According to sources, the amendment suggests the formation of a 5 or 9-member constitutional bench in the Supreme Court, replacing the earlier proposal to establish a constitutional court. No such bench would be set up at the provincial level.

The draft outlines that the Judicial Commission would be responsible for forming the bench, including selecting its head, leaving the Chief Justice without the authority to alter its composition. The amendment also proposes a fixed tenure for the constitutional bench and the removal of the Supreme Court's suo motu powers. The Chief Justice of Pakistan would be appointed from the three most senior judges.

Further changes include revisions to the appointment process of the Chief Election Commissioner, which would now involve a parliamentary committee in case of a deadlock between the Prime Minister and the Opposition Leader.

In addition, the draft calls for the restoration of the 18th Amendment while abolishing the 19th Amendment. Article 63A would be amended to ensure compliance with party policies during vote counting.

Moreover, the amendment proposes changes to Article 48, stipulating that advice from the Prime Minister and Cabinet to the President cannot be challenged in any court.

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