Today marks the most important day for Pakistan’s political landscape as the ruling coalition has succeeded to pass the 26th Constitutional Amendment, also known as, Constitutional Package, from the Senate. However, as per the official sources, the National Assembly session is also on the cards today as the government is trying to pass the constitutional amendment from the National Assembly as well on the same day.
🚨 Establishment’s revenge on judiciary! These so called revised amendments are a death blow to Independence of Judiciary:
— Hammad Azhar (@Hammad_Azhar) October 20, 2024
- They seek to give the govt power to appoint judges in SC & HC. Total politicisation of judiciary.
- The Judicial Review of Constitutional matters will…
However, it is pertinent to mention here that the constitutional amendment has been passed by two-thirds majority in the Senate after intense efforts of a month. It should be noted that this 26th Constitutional Amendment is mainly aimed at judiciary. The legislation deals with taking away the suo-motto powers of the Supreme Court. Furthermore, the tenure of the Chief Justice of Pakistan has also been set at three years.
“the Chief Justice of Pakistan shall be nominated by the Special Parliamentary Committee, in this Article referred to as the Committee, from amongst the 3 most senior Judges of the Supreme Court. The Committee shall send the name of the nominee to the Prime Minister who shall…
— Meher Bokhari (@meherbokhari) October 20, 2024
The most important thing to mention here is that the Chief Justice of Pakistan will now be selected from the three most-senior judges of the Supreme Court instead of the senior most judge.
Amendments have been made to the Clause 3 of the Article 175A in which the top judge of the Supreme Court will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior SC judges.”
According to this constitutional amendment, the Parliamentary Committee will send the names of the nominees to the Prime Minister and the Prime Minister will then forward the names to the President of Pakistan for appointment.
Federal Law Minister Azam Nazir Tarar announced that a constitutional bench is being established in place of the constitutional court. The judicial commission, to be headed by the Chief Justice, will consist of 8 members. #SamaaTV #ConstitutionalAmendments #Pakistan pic.twitter.com/ait9GWb078
— SAMAA TV (@SAMAATV) October 20, 2024
The law minister, Azam Nazeer Tarar, stated regarding the constitutional amendment, “In the past, the Judicial Commission, including five high courts and the Supreme Court, made the decision. The government and the opposition will have proportional representation. This committee will give a name with a two-thirds majority to the PM. Then CJP will be appointed.”
He further said, “The new face of JCP will have CJP, four senior-most SC judges, four parliamentarians – two each from Senate and the National Assembly [one each from treasury and opposition], law minister, and the AGP. Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”
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