Islamabad October 21 2024: The National Assembly on Monday passed the Constitution (Twenty Sixth Amendment) bill with a two-third majority, introducing significant reforms to the appointment process and tenure of the Chief Justice of the Supreme Court and laying the foundation for the complete elimination of Riba (interest) by January 1, 2028.
The amendment was tabled by Federal Minister for Law and Justice Azam Nazeer Tarar. A total of 225 lawmakers cast their vote in favor of the Constitution (Twenty-Sixth Amendment) Bill, while 12 legislators voted against it.
The amendment was passed clause by clause. The 26th Amendment contains 27 clauses.
The Senate passed the Constitutional Amendment bill with a two-thirds majority. A total of 65 lawmakers voted in favor of the bill in the Upper House.
As per the amendment, the term for the Chief Justice of Pakistan has been set at three years. A 12-member parliamentary committee will select the new Chief Justice from a panel of the three most senior judges. This committee, consisting of eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.
In addition, the Judicial Commission of Pakistan, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a legal expert with at least 15 years of Supreme Court experience, will oversee judicial appointments. A Woman or Non-Muslim other than a member of Majlis-e-Shoora (Parliament) who is qualified to be a member of the Senate as a technocrat to be nominated by the speaker of the National Assembly for a term of two years.
According to 191A constitutional Benches of the Supreme Court:- (1) there shall be constitutional Benches of the Supreme Court comprising such Judges of the Supreme Court and for such term may be nominated and determined by the Judicial Commission of Pakistan from time to time. The constitutional Benches would comprise an equal number of judges from each province. The most senior judge nominated under clause (1) shall be the presiding judge of the constitutional benches in this part referred to as the presiding judge.
No bunch of the Supreme Court other than a Constitutional Bench shall exercise the following jurisdictions vested in the Supreme Court. Original jurisdiction of the Supreme Court under Article 184.
Appellate jurisdiction of the Supreme Court under Clause (3) of Article 185 where a judgment or order of a High Court passed under Article 199 involves constitutionality of any law or a substantial question of law as to the interpretation of the constitution; and advisory jurisdiction of the supreme court under Article 186.
Supreme Judicial Council will emulate the performance and report to the president.
The amendment included provisions for establishing constitutional benches in the Supreme Court and high courts, with equal representation from all provinces. The senior-most judge of each constitutional bench will serve as its presiding officer.
One of the most notable components of the amendment is the complete eradication of Rriba (interest) from the country by January 1, 2028. This has been added through an amendment to Article 38, reflecting Pakistan’s commitment to an interest-free economic system.
The amendment also included provisions related to the Supreme Judicial Council’s composition, ensuring a diverse and robust judicial structure, with the council consisting of the Chief Justice of Pakistan the two most senior judges of the Supreme Court and two mist chief justices of High Courts.
The amendment also incorporates five proposals from the Council of Islamic Ideology, focusing on issues like the Federal Shariat Court and Riba, further aligning Pakistan’s legal framework with Islamic principles. The clause was added to the draft amendments at the suggestion of Jamiat Ulema-e-Islam-Fazl (JUI-F), the Maulana Fazl-ur-Rehman.
PPP Chairman Bilawal Bhutto-Zardari expressed gratitude to JUI-F Chief Maulana Fazlur Rehman for his crucial role in securing the passage of the bill.
“Maulana Fazlur Rehman did the most to ensure the success of this bill. His role in this process has been historic, and I can proudly say he played the most significant part in it,” Bilawal said. He also thanked PML-N, MQM-P, IPP, JUI-F, ANP, and other coalition partners for their contributions to the bill.
Bilawal further acknowledged PTI’s role, saying, “I also thank PTI for playing a part in this historic achievement. This is a political success, and I wish you wouldn’t have portrayed your own victory as a loss.”
Maulana Fazlur Rehman, the Ameer of Jamiat-e-Ulema-e-Islam-Fazl (JUI-F), commended the joint efforts of PPP Chairman Bilawal Bhutto Zardari, coalition partners, and the leadership of Pakistan Tehreek-e-Insaf (PTI) for successfully passing the 26th Constitutional amendment package, which reinforces the unity among the federating units.
He said that the constitutional amendment package should aim to extend judges’ terms and bring about judicial reforms, instead of focusing on specific individuals.
He commended the cooperative efforts of cross-party leaders that led to the consensus passage of the 1973 Constitution in April 1973, involving all stakeholders.
He remarked that Parliament, political parties, and leaders must reflect on their actions, as they have spoken about strengthening democracy since the era of former dictator Gen Zia-ul-Haq, yet have permitted democracy to weaken.
He pointed out that the initial draft of the constitutional amendment package contained 56 clauses, which he believes undermines democracy, but it was reduced to 22 through a consensus process. He applauded the inclusion of a clause in the constitutional amendment package designed to eliminate Riba from the country by 2028.
