Senate Passes 26th Constitutional Amendment Bill Amid Controversy
After multiple delays and significant debate, the Senate has approved the 26th Constitutional Amendment Bill 2024, with members voting in favor of 22 clauses. This legislation, often referred to as the Constitutional Package, proposes several amendments, including the establishment of a fixed term for the Chief Justice of Pakistan.
The bill was introduced following approval from the federal cabinet, which reached a consensus among the coalition partners earlier that day. Law Minister Azam Nazeer Tarar presented the bill in the Senate, emphasizing its importance for national development and public welfare.
During the session, Senate Chairman Yousaf Raza Gilani read out the contents of the amendment and initiated the voting process. The bill ultimately received a two-thirds majority, with 65 senators voting in favor and five against.
Addressing concerns about the Chief Justice’s tenure, Tarar clarified that Chief Justice Qazi Faez Isa has expressed no interest in extending his term. He highlighted that any amendments would take effect only after his retirement.
The law minister outlined the bill’s provisions, which include the formation of a constitutional bench by a judicial commission. This commission will consist of the Chief Justice, senior judges, and representatives from both houses of Parliament, aiming to ensure a broader consensus on judicial appointments.
The amendment also seeks to introduce a performance evaluation system for judges to address complaints about prolonged case processing. Tarar stressed the need for accountability in the judiciary to ensure effective use of public resources.
Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) announced its decision to boycott the voting process, citing a need for further consultations and expressing concerns about the treatment of their lawmakers. PTI Chairman Gohar Ali Khan stated that although the party had no objections to the draft, they could not support the bill under current circumstances.
In response, Jamiat Ulema-e-Islam-Fazl (JUI-F) Chief Maulana Fazlur Rehman supported PTI’s right to abstain from the vote, while Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari indicated the government would proceed with the amendment regardless of PTI’s stance.
Senator Sherry Rehman from PPP emphasized the need for transparent legislation to improve the judicial system, while MQM-P Senator Faisal Subzwari urged PTI to propose constructive amendments.
The passing of the amendment sparked mixed reactions, with PTI leaders criticizing it as a threat to judicial independence, while PPP members celebrated it as a fulfillment of a long-standing commitment to judicial reform.