ISLAMABAD: The important session of National Assembly is in progress to pass the 26th Amendment Bill, 2024 after the government successfully pushed the amendment through the Senate.

Earlier, the Senate on Sunday approved the long-awaited 26th Constitutional Amendment with a two-thirds majority, securing 65 votes.

The amendment is aimed at ensuring swift justice and enhancing transparency in the judicial system, incorporating all the proposed changes by Jamiat Ulema-e-Islam-Fazl (JUI-F).

The bill, introduced by Minister for Law and Justice Azam Nazeer Tarar, was passed through a clause-by-clause reading in the House. It contains 27 clauses that propose changes to various articles of the Constitution. One notable addition is a new Article 9A, which grants every person the right to a clean, healthy, and sustainable environment.

A total of 65 members voted in favor of the bill, while only four opposed it. Kamran Murtaza of JUI-F moved several amendments, all of which were accepted without opposition from the government.

Speaking in the House, Minister Azam Nazeer Tarar highlighted that the government, its allies, and JUI-F had reached a consensus on the draft of the constitutional amendment. A special parliamentary committee, representing all political parties, including the opposition PTI, discussed the proposed changes.

The minister explained that the 18th Amendment had altered the procedure for appointing judges in the superior judiciary, transferring powers from the prime minister and president to the parliament to promote transparency.

However, the 18th Amendment faced legal challenges, and the 19th Amendment was hurriedly passed to adjust the composition of the Judicial Commission (JC) and the parliamentary committee for judicial appointments, reducing the latter’s powers.

Azam Tarar acknowledged criticism from bar councils and lawyers’ organizations, such as the Pakistan Bar Council, who demanded revisions to Article 175-A of the Constitution.

Under the new amendment, the JC responsible for appointing and confirming judges will include the Chief Justice of Pakistan (CJP), four senior Supreme Court judges, four parliamentarians, the Law Minister, a lawyer with at least 15 years of experience, and the Attorney General.

Two of the parliamentarians will come from the Senate, and two from the National Assembly. One member of the JC must be a woman or a non-Muslim, nominated by the Speaker of the National Assembly.

The provincial Judicial Commissions will remain unchanged, with the Chief Justice of the High Court, a senior judge, and the provincial law minister continuing to assess judges’ performance.

The amendment also clarifies the procedure for appointing the CJP, removing the prime minister’s authority in favor of parliament, with a 12-member committee making the final selection from three senior judges.

The amendment also addresses the formation of constitutional benches at the Supreme Court and provincial levels, allowing provincial assemblies to pass resolutions with a 51% majority to establish a provincial constitutional bench. The authority to form these benches will rest with the JC, headed by the CJP.

Azam Tarar noted that the establishment of constitutional courts was part of the 2006 Charter of Democracy (CoD) signed by Benazir Bhutto and Nawaz Sharif. PPP Chairman Bilawal Bhutto also raised this issue, which had been pending since the CoD’s signing.

He also mentioned that in the past, prime ministers had been removed from office under Article 184, despite Article 195 outlining a clear procedure for such actions. In 2022, a prime minister was removed through a vote of no-confidence under Article 195.

The minister clarified that the current CJP, Qazi Faez Isa, is not interested in an extension of his term and stated that any amendments would take effect after his retirement. Furthermore, the JC will have the authority to draft rules and establish procedures for evaluating judges’ professional capabilities. The JC, along with the CJP and provincial high courts, will regularly review judges’ performance, with reports on their skills being provided. The amendment also allows for the appointment of five technical advisors to the National and Provincial Assemblies.

Azam Tarar concluded by noting that Kamran Murtaza’s five proposed amendments had already been incorporated into the draft.