On Sunday, the Senate approved the long-awaited 26th constitutional amendment with a two-thirds majority—65 votes—to ensure quick justice in the country and enhance transparency in the judicial system. The amendment, incorporating all Ulema-e-Islam-Fazl (JUI-F) proposals, passed after detailed discussions.
Minister for Law and Justice Azam Nazeer Tarar spearheaded the passage of the Constitution (Twenty-Sixth Amendment) Bill, 2024, through a clause-by-clause reading in the House. The bill includes 27 clauses with amendments proposed to various articles of the constitution, including a new Article 9A that entitles every person to a clean, healthy, and sustainable environment.
The Senate voted strongly in favour of the bill, with 65 members voting for it and only four voting against it. Kamran Murtaza of JUI-F presented amendments, which the government incorporated without opposition.
Earlier, Minister Tarar discussed the consensus between the government, its allied parties, and JUI-F on the draft. A special parliamentary committee with representatives from all political parties, including the opposition Pakistan Tehreek-e-Insaf (PTI), reviewed the proposed constitutional package.
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Minister Tarar also noted changes to the procedure for appointing judges in the superior judiciary as per the 18th Amendment, which moved powers from the prime minister and the president to the parliament to increase transparency in judge appointments. However, after the 18th Amendment faced challenges in court, the 19th Amendment quickly passed, altering the composition of the judicial commission and parliamentary committee on judge appointments.
He further explained that the judicial commission responsible for appointing and confirming judges would now include the Chief Justice of Pakistan, four senior Supreme Court judges, four parliamentarians, the Law Minister, an advocate with at least 15 years of experience, and the Attorney General.
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Additionally, Minister Tarar highlighted that the amendment outlines the procedure for appointing the Chief Justice of Pakistan, shifting the authority from the Prime Minister to Parliament. A 12-member committee will now finalize nominations and forward them to the Prime Minister, with the Chief Justice serving either until retirement or for a maximum of three years.
He reassured that no changes had been made to the provincial Judicial Commissions and detailed the formation of constitutional benches at both the Supreme Court and provincial levels. The amendment also included provisions for setting up a constitutional court, part of the Charter of Democracy signed in 2006.
