Early on Monday morning, the National Assembly passed the 26th Constitutional Amendment Bill, after the Senate had passed it earlier on Sunday, paving the way for it to become law after the assent of President Asif Ali Zardari.
The bill was approved with a two-thirds majority in both the Upper and Lower Houses. While the Senate session took place on Sunday evening, the National Assembly proceedings commenced at 11:36 p.m. and continued into the wee hours of morning, concluding around 5 a.m. Shortly after the bill’s passage, Prime Minister Shehbaz Sharif forwarded it to the president for his assent, which was granted later in the day.
In the Senate, the bill passed with 65 votes in favor, while in the National Assembly, the government had netted 225 votes against the 224 it required. While the Pakistan Tehreek-e-Insaf (PTI) had directed most of its members to skip the proceedings, 12 of them were present and opposed it. During the clause-wise approval of the bill, the PTI members opposed the first one and then staged a walkout.
Breaking up the votes secured by the government in the National Assembly, 211 were of ruling coalition parties, including the PMLN, PPP, MQM-P, BAP, and PMLQ. Additionally, eight belonged the JUIF, while six were of independent and PTI-backed candidates. Among the PTI-backed candidates who voted in favor of the amendment were Usman Ali, Aurangzeb Khichi, Mubarak Zeb, and Zahoor Qureshi.
Addressing Parliament after the passage of the 26th Amendment, Prime Minister Shehbaz Sharif congratulated lawmakers for the “historical achievement,” stressing this was a symbol of national solidarity and consensus. “A new sun will rise, emanating across the nation,” he claimed.
Earlier, the bill was tabled in both the Senate and the National Assembly by Law Minister Azam Nazeer Tarar. After its tabling in the Lower House, PPP Chairman Bilawal Bhutto-Zardari addressed the House for roughly 50 minutes, thanking JUIF chief Maulana Fazlur Rehman for playing a crucial role in securing the passage of the bill. “His [Maulana] role in this process has been historic, and I can proudly say he played the most significant part in it,” he said. “I can confidently say that there are points in this amendment that have been passed with 100 percent political consensus,” he said, and thanked all parliamentary parties for their contributions to the legislation.
“I also thank the 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,” he said.
Bhutto-Zardari was followed by Leader of the Opposition in the National Assembly Omar Ayub Khan, who spent his speech criticizing the amendments for undermining judicial independence and slamming the “Form 47” government as not being representative of the Pakistani people. Alleging that PTI lawmakers were “tortured and harassed” to secure the required votes, he also reiterated accusations of PTI founder Imran Khan being “mistreated” in jail over the past two weeks.
Prior to the passage of the bill, the PTI had alleged the government had “abducted” seven of its lawmakers, adding it had the support of nine government MNAs. This was not reflected in the final vote.
Responding to Ayub, Defense Minister Khawaja Asif maintained the Senate passed the amendments “to restore respect and dignity of the Parliament and the House.” He asserted that the constitutional benches being set up under the amendments were fulfilling an incomplete part of the Charter of Democracy, noting it was signed by all political leaders in 2006, including Imran Khan.
The JUIF chief also praised all parties for their contributions to the drafting and successful passage of the bill. He recalled that the Charter of Democracy had demanded a constitutional court and the JUIF had supported the measure. “No matter how much we spoke with stakeholders, we could not reach a consensus on how to form the courts. But this is a democracy, not a dictatorship. We’ve done the impossible; we’ve endured great difficulty,” he added.
MQMP leader Farooq Sattar and PTI Chairman Gohar Ali Khan also addressed the session, with the latter echoing the Leader of the Opposition’s criticism of the amendments. “This is a black day for the judiciary and the courts,” he claimed.
NotificationSalient features of Amendments
The passed amendments had added Article 9A, making a clean and healthy environment a fundamental right; they have amended Article 48 to make only advice to the president by the cabinet and prime minister free of legal inquiry; and have amended Article 81 to include the Judicial Commission of Pakistan and the Supreme Judicial Council in expenditures charged to the Federal Consolidated Fund.
Additionally, an amendment to Article 111 grants advisers the right to speak in provincial assemblies; and an amendment to Article 175A designates a Commission to appoint judges of the Supreme Court. The Commission would comprise the senior-most judge of the constitutional bench; four senior-most judges of the Supreme Court; the law minister; attorney general for Pakistan; an advocate nominated by the Pakistan Bar Council; two senators and two MNAs, one each from the treasury and opposition benches; and a technocrat to be appointed by the NA speaker for a term of two years.
The same amendment calls for the appointment of the CJP through the recommendation of a special parliamentary committee from the three senior-most judges of the apex court. The recommendation would be sent to the prime minister, who would then seek the approval of the president. If the nominee declines, the next senior-most judges would be considered. The special committee tasked with this responsibility comprises eight MNAs and four senators, with parliamentary parties having proportional representation.
The constitutional package amends Article 184, barring the Supreme Court from exercising its jurisdiction beyond the contents of any filed application; Article 185 has been amended to raise the minimum value of a disputed subject matter from Rs. 50,000 to Rs. 1 million. Article 186A has been amended to empower the Supreme Court to transfer any case or proceedings pending before any high court to another high court or itself. Amendments to Article 187 make “complete justice” provisional to the jurisdiction vested in and exercised by the Supreme Court.
Article 191A, a new entry to the Constitution, lays out the process for constitutional benches. It empowers the Judicial Commission to set as many constitutional benches as is required for the Supreme Court, with “as far as practicable” an equal number of judges from each province. The constitutional bench, it states would have jurisdiction under Article 184; appellate jurisdiction under Article 185(3); and advisory jurisdiction under Article 186. Constitutional benches must comprise a minimum of five judges, and all cases falling within their jurisdiction are “forthwith” transferred to such benches.
Amendments to Article 193 outline processes to appoint judges of the High Court. They call for any potential judge to be a citizen of Pakistan; at least 40 years old; have served as advocate of a high cout for at least 10 years; and held a judicial office for no less than 10 years. The amendments also call for performance evaluations of high court judges, with the Judicial Commission empowered to warn “inefficient” judges and grant them time for improvement before seeking their dismissal from the Judicial Council. Amendments to Article 199 similarly lay out the jurisdiction of the High Court; while those to Article 208 outline the officers and servants of the courts; and Article 209 explains the makeup and functions of the Supreme Judicial Council.
Article 215 has been amended to allow the chief election commissioner and the members of the Election Commission of Pakistan (ECP) to remain in office until a successor has been appointed. Amendments to Article 255 requires the oath of office to be administered by either the chief justice of a high court or the CJP. Amendments to Article 259 alter the language for civil awards; while an amendment to the Fourth Schedule of the Constitution empowers cantonment boards to collect local taxes.
Additionally, an amendment to Article 38 calls for the elimination of riba before the first day of January 2028; an amendment to Article 229 requires the president or governor to seek the Islamic Council’s advice if a fourth of the membership of any House requires guidance on a proposed legislation; an amendment to Article 230 designates a time limit for consideration of reports submitted by the Islamic Council.