Pakistan's National Assembly Passes Controversial Constitutional Amendment Bill Capping Chief Justice's Term

In a significant development, Pakistan's National Assembly has passed the 26th Constitutional Amendment Bill, which caps the Chief Justice's tenure at three years. This move follows the Senate's approval of the bill with a two-thirds majority on Sunday, October 20, 2024. The bill now awaits the president's assent to become part of the constitution.

The passage of the bill in the National Assembly was a crucial step towards implementing the constitutional reforms. The government needed 224 votes to pass the amendment, and it received support from 225 members, ensuring its approval. This development marks a significant shift in the judicial appointment process in Pakistan.

Background and Key Provisions of the Bill

The 26th Constitutional Amendment Bill was introduced to address concerns about the judicial system and ensure transparency in the appointment of the Chief Justice. The bill proposes the establishment of a 12-member commission to appoint the Chief Justice, which will include the Chief Justice, four senior-most apex court judges, two senators, and two national assembly membersone from the opposition. This commission aims to provide broader representation and ensure that the appointment process is fair and unbiased.

Law Minister Azam Nazeer Tarar presented the bill in the Senate, emphasizing its importance in expediting the dispensation of justice by the apex court. The bill includes 22 clauses of amendments, all of which were supported by 65 senators. The magic number was achieved after Jamiat Ulema-e-Islam-Fazl's five senators and two lawmakers of Balochistan National Party-Mengal voted in favor of the bill, despite violating their party line to abstain during the process.

The Cabinet approved the proposed draft of the controversial bill during a meeting chaired by Prime Minister Shehbaz Sharif after seeking consensus from the coalition partners. The cabinet decided to approve the bill 'in the wider interest of the country while adhering to the oath of national development and public welfare.'

Ahead of the cabinet meeting, Prime Minister Shehbaz met with President Asif Ali Zardari for detailed discussions on the proposed constitutional amendment. The president was briefed and consulted on the matter, further solidifying the government's commitment to implementing these reforms.

Opposition and Criticisms

The passage of the bill was not without opposition. Pakistan Tehreek-e-Insaf (PTI) leader Ali Zafar criticized the government for allegedly forcing party lawmakers to vote in favor of the bill. He accused his party senators of being absent due to fear of abduction and coercion to vote for the government. Zafar urged the Senate chairman not to count the vote of any PTI senator if any of them voted in the Senate.

PTI chairman Barrister Gohar Ali Khan stated that the party had 'no objections' to the final draft but would not vote on the bill when it was presented in parliament. This decision was made after a meeting with JUI-F chief Maulana Fazlur Rehman, who acknowledged PTI's right to boycott the vote given their condition and past experiences.

Pakistan Peoples Party chief Bilawal Bhutto-Zardari emphasized that the government would move forward with the amendment regardless of PTI's decision. He stated, 'We have waited for as long as we could, and today, under any circumstance, this work will be completed.'

Security Arrangements and Voting Process

Strict security arrangements were made for the session of the National Assembly, with guest entry strictly prohibited. The assembly's spokesperson confirmed these measures to ensure a smooth and secure voting process.

The voting process in the National Assembly extended past midnight as lawmakers debated the bill extensively. The bill's passage marked a significant milestone in Pakistan's judicial history, aiming to expedite justice and ensure transparency in high court appointments.

Impact on Judicial Appointments

The establishment of a new judicial commission under the 26th Constitutional Amendment Bill is expected to bring significant changes in how judges are appointed in Pakistan. Before the 18th Amendment, judges were appointed by the President on the advice of the Prime Minister. The new commission will consist of the Chief Justice, four senior-most apex court judges, two senators, and two national assembly membersone from each party.

Law Minister Azam Nazeer Tarar highlighted that this new commission would ensure nationwide performance standards for high court judges. He also mentioned that a performance evaluation system for judges would be introduced to address long-standing issues of inefficiency and delays in the judicial process.

The bill aims to address concerns about underperformance by judges after their confirmation. Tarar emphasized that 'inefficiency cases will be referred to the Supreme Judicial Council' to ensure that taxpayer money is being well-spent.

Conclusion

The passage of the 26th Constitutional Amendment Bill in Pakistan's National Assembly marks a significant step towards judicial reforms. The establishment of a new judicial commission and introduction of performance evaluation systems aim to expedite justice and ensure transparency in high court appointments.

However, the opposition's criticism and boycott of the voting process highlight ongoing political tensions within the country. Despite these challenges, the government remains committed to implementing these reforms, which are seen as crucial for the country's judicial system.

The bill now awaits the president's assent before it becomes part of Pakistan's constitution. This development underscores the ongoing efforts to strengthen Pakistan's judicial system and ensure fair and transparent governance.

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