Federal law minister tables 26th constitutional amendment in Senate

Federal Minister of Law, Azam Nazir Tarar, presented the draft of the 26th Constitutional Amendment in the Senate on Sunday, following its approval by the Federal Cabinet under the leadership of Prime Minister Shehbaz Sharif.

The amendment draft, which aims to introduce significant judicial reforms, faced strong opposition from Pakistan Tehreek-e-Insaf (PTI). PTI Chairman Barrister Gohar Khan reiterated that the party would not support the bill, citing insufficient time for consultations and concerns over how the legislation was handled.

Barrister Gohar emphasized that while the PTI acknowledges the seriousness of the proposed changes, it cannot vote for the bill, citing the harassment of its parliamentarians and lack of adequate consultation. Nevertheless, PTI has vowed to present its stance on the bill in both the National Assembly and the Senate.

The 26th Amendment proposes changes to several Articles of the Constitution, including judicial reforms. The key changes include:

  • Article 28 and Article 175: Amendments propose a committee for the appointment of Supreme Court judges, comprising two Members of the National Assembly (MNAs) and two Senators, with equal representation from the Treasury and Opposition benches. The Chief Justice of Pakistan will lead a commission responsible for appointing judges to the apex court.
  • Appointment of Chief Justice of Pakistan: A Special Parliamentary Committee consisting of eight MNAs and four Senators will select the Chief Justice from the three senior-most judges of the Supreme Court. The Prime Minister will then forward the name to the President for final approval.
  • Formation of a Constitutional Bench: A new Article 191 is proposed for the creation of a Constitutional Bench, with judges appointed from all provinces based on equal representation.
  • Amendments to Article 193: The draft also includes a provision barring dual nationals from becoming High Court judges

The ruling coalition is pushing for the swift passage of the 26th Constitutional Amendment, which it views as essential for judicial reforms and constitutional stability. However, PTI's opposition and concerns about the legislative process have introduced uncertainty about its approval.

The proposed amendments mark a significant shift in the judicial appointment process, aiming to ensure greater transparency and fairness while addressing long-standing concerns about judicial independence.

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