Senate passes 26th constitutional amendment bill.
After much hue and cry, the Senate has successfully passed the 26th Constitutional Amendment Act 2024, with 65 members of the House voting in favor of 22 clauses, reported The Asian Mirror.
The bill, known as the Constitutional Package, is proposing a set of constitutional amendments, including the extension of the chief justice’s term.
The bill, which was approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, was presented in the Senate today by Law Minister Tarar.
Constitutional amendments
According to the amendments under Article 179, the Chief Justice of Pakistan will be appointed for three years.
Chief Justice of Pakistan will retire at the age of 65.
According to the amendments, under Article 191 of the Constitution, constitutional benches will be formed to reviews constitutional petitions.
More than one constitutional bench can be formed in the Supreme Court.
Three senior judges of the Supreme Judicial Council will form constitutional benches.
All pending and pending constitutional cases, revisions and appeals will be transferred to the Constitutional Benches.
The Supreme Judicial Council will determine the judges of the constitutional benches and their tenure.
Judges of all provinces will have equal representation in constitutional benches.
No order under this clause shall be passed except in pursuance of any jurisdiction vested in and exercised by the Supreme Court.
No bench of the Supreme Court except the Constitution Bench shall exercise the following jurisdiction.
The Constitution Bench will consist of not less than five judges.
Amendment of Article 193 said that no person with dual citizenship can become a High Court Judge.
According to the constitutional amendments, 40 years of age and 10 years of experience have been set for high court judges.
Amendment to Article 193 approved by the Senate says High Court will not automatically have any order or direction beyond the contents of the petition filed.
According to the amendment in Article 175A, the commission will be formed for the appointment of Supreme Court and High Court Judges.
Under Clause 3A of Article 175A, a special parliamentary committee consisting of 12 members will be formed for the appointments of judges.
In the special parliamentary committee, 8 members will be taken from the National Assembly while four members will be taken from the Senate.
In case of dissolution of the National Assembly, all members of the Special Parliamentary Committee will be from the Senate.
All political parties will have proportional representation in the Special Parliamentary Committee.
The Commission for the appointment of judges will consist of 13 members. The Chief Justice of Pakistan will be the head of the commission.
Four senior judges will be part of the Federal Minister of Law, Attorney General and Senior Advocate Pakistan Bar Council Commission.
The commission will consist of members of the Assembly and members of the Senate drawn from the government and the opposition.
The Leader of the House and Leader of the National Assembly and Senate will nominate the members.
The Parliamentary Leader will be authorized to appoint members of the Special Parliamentary Committee to the Speaker and the Chairman of the Senate.
The Speaker will issue the notification of the Special Parliamentary Committee of the National Assembly.
The Chief Justice will be bound to provide the seniority list 14 days before retirement. The Chief Justice of Pakistan will send the names of senior judges to the Special Parliamentary Committee.
The Parliamentary Committee will select one of the three names and send it to the Prime Minister. The Prime Minister will send the name to the President for the appointment of the Chief Justice.
On the refusal of the names of the judges in the seniority list, the parliamentary committee will consider the name of the next senior judge. The parliamentary committee will review the nominations until the Chief Justice is appointed.
After the approval of the 26th constitutional amendment, the Chief Justice will be bound to submit his name to the parliamentary committee three days before his retirement. The special parliamentary session will be held in camera.
In case of dissolution of the National Assembly, 2 members will be taken from the Senate. Article 68 shall not apply to the proceedings of the Special Parliamentary Committee on the appointment of the Chief Justice.
The Supreme Judicial Commission will have the authority to review the performance of the High Court judges on an annual basis.
If the appointment of the High Court judge is unsatisfactory, the commission will give a time frame to the judge to improve his performance.
If the judge’s performance is again unsatisfactory within the given time frame, the report will be sent to the Supreme Judicial Council.
The Supreme Judicial Council will look into the unsatisfactory performance of the Chief Justice of the Supreme Court, the Chief Justice of the High Courts or the judges in the Commission.
Supreme Court and High Court judges can be removed under the said amendment.
The Council shall inquire into physical or mental disability, misconduct, and malfeasance on the report of the Commission or on the request of the President.
The Supreme Judicial Council will complete the inquiry related to the concerned judges within 6 months without delay.
The President of Pakistan shall have the authority to take action against judges who are found guilty of incompetence, misconduct or unsatisfactory performance in the judicial commission report.
The president will have the power to remove any judge of the Supreme Court or the High Court on the report of the Judicial Council.
The meeting of the commission regarding the appointment of judges can be called at the request of one-third of the members.
The Chairman Commission shall be bound to convene a meeting of the Commission within fifteen days on any request.
According to the amendment in Article 177, for elevation of High Court judges to apex court, a judge must have five years of working experience in High Court.
For any lawyer to become a Supreme Court judge, 15 years of practice as a lawyer is required.
Under Article 184, the Supreme Court’s power of suo moto notice is over. Under Article 184, the Supreme Court shall not give any decision or direction other than the contents or powers of the petition filed.
Article 186 says the fee for filing an appeal in the Supreme Court against the High Court decision has been increased from Rs 50,000 to Rs 10 lakh.
Under Article 187, no order shall be passed except in accordance with the jurisdiction exercised by the Supreme Court.
Earlier, addressing the Senate session, ANP Senator Aimal Wali Khan said that constitutional amendments bill is going to stop political culture in the judiciary and judges like Qazi Faiz Issa will come in the judiciary and decision will not be made on the advice of mother in laws.
ANP leader said that constitutional amendments bill will halt the entrance of judges like Justice Saqib Nisar and Justice Khosa. Aimal Wali said Lahori Group of judges will not rule in future.
He advised PTI MNAs to go ahead and accept Barrister Gohar as PTI chief because PTI founder is in jail.
He criticized the PTI for attacking the government installations. He claimed PTI is not serious political party.
He suggested that section which has been dropped by JUI regarding the culprits of May 9 should be taken to the task for targeting security installations.
He said ANP leadership had faced numerous challenges but they never instigated their workers to target security installations.
Majlis Wahdadtul Muslimeen Raja Nasir Abbas addressing the session said that government was not paying attentions to the public issues.
He claimed that government was making legislation illegally as opposition members were being kidnapped.
He said if the government had given due time to JUI chief then the legislation would have been much better. He said due to the hard work of Mualana Fazl-ur-Rehman, many dangerous section has been removed from the draft.
JUI Senator Maulana Atta-ur-Rehman said that JUI will support the constitutional amendments bill after detailed deliberation. He said JUI aimed at strengthening of the parliament. He said that constitution protects the country and the parliament.
MQM Senator Faisal Sabzwari said that laymen fail to get justice from court for years and after the constitutional amendments, courts will focus on it.
Earlier, if anyone speaks against court’s negligence in the evening, the judges used to send notices to them. He demanded district government should be given the powers.
