The 26th Constitutional Amendment became law today after receiving final approval from President Asif Ali Zardari. This significant development marks a major shift in Pakistan’s political and judicial landscape, with the ruling coalition managing to pass the much-anticipated “Constitutional Package” through both the Senate and the National Assembly with the required two-thirds majority.
The reforms primarily target the judiciary, with key changes including limiting the Supreme Court’s suo motu powers, setting a three-year term for the Chief Justice of Pakistan (CJP), and granting the prime minister the authority to appoint the next CJP from the three most senior Supreme Court judges.
A Historic Weekend in Parliament
Over the weekend, Pakistani politics witnessed a rare second “working weekend” in just two months, culminating in the passage of the 26th Amendment. The Senate gave the green light to the bill on Sunday, with 65 votes — one more than the two-thirds majority required. Later, the National Assembly (NA) followed suit in a marathon session that began late Sunday night and continued until early Monday morning, passing the amendment with a two-thirds majority after incorporating changes proposed by the Senate.
The version of the bill passed by the NA contained 27 clauses, up from the original 22, reflecting additional recommendations from the Senate. The bill was then sent to President Zardari, who signed it into law on Monday, officially enacting the Constitution (26th Amendment) Act, 2024.
Key Reforms in the 26th Amendment
The amendment introduces several critical changes to Pakistan’s Constitution, most notably affecting the judiciary. The following are the major reforms:
- Limitations on suo motu powers: The amendment curtails the Supreme Court’s ability to take suo motu action, a power that has often been the subject of debate.
- Chief Justice of Pakistan’s term: The term for the CJP is now set at three years, standardizing the tenure of the country’s highest judicial office.
- CJP appointment process: The prime minister is now empowered to appoint the next CJP from among the three most senior judges of the Supreme Court, shifting some influence in judicial appointments to the executive branch.
Passage in the Senate and National Assembly
The bill, tabled by Law Minister Azam Nazeer Tarar, secured 65 votes in the Senate — one more than the necessary 64. Key votes came from the Pakistan People’s Party (PPP), Pakistan Muslim League-Nawaz (PML-N), and Jamiat Ulema-i-Islam-Fazl (JUI-F). Notably, Balochistan National Party-Mengal (BNP-M) senators Muhammad Qasim and Naseema Ehsan voted in favor of the bill, going against their party’s position. Other coalition partners, including the Balochistan Awami Party (BAP) and Muttahida Qaumi Movement-Pakistan (MQM-P), as well as several independents, supported the amendment.
In the National Assembly, where 224 votes were needed, the amendment was approved by 225 members. Twelve members of the Pakistan Tehreek-e-Insaf (PTI) and the Sunni-Ittehad Council (SIC) opposed the bill and walked out during voting. The ruling coalition secured 211 votes, with additional support from the JUI-F and independent candidates.
Prime Minister’s Address and Political Reactions
Following the passage of the bill, Prime Minister Shehbaz Sharif delivered a speech in the National Assembly, hailing the amendment as a “historic achievement” and congratulating parliament for its role in the legislative process. The prime minister emphasized the importance of the reforms in strengthening democracy and ensuring accountability within the judiciary.
The passage of the 26th Amendment has sparked mixed reactions across the political spectrum. Supporters see it as a necessary step toward balancing judicial authority with executive oversight, while critics, particularly from the PTI, argue that it undermines judicial independence.
Broader Implications
The 26th Constitutional Amendment represents a significant shift in Pakistan’s judicial structure, particularly in terms of limiting the Supreme Court’s discretionary powers and modifying the CJP appointment process. The changes are expected to have far-reaching implications for the judiciary, governance, and the relationship between the executive and judicial branches in Pakistan.
With both houses of parliament and the presidency now in agreement, the amendment is set to shape the future of the country’s judicial and political landscape. However, it is also likely to trigger legal challenges and further political debate as opposition parties and legal experts scrutinize the broader consequences of these reforms.
