ISLAMABAD: On Sunday, Federal Minister of Law Azam Nazir Tarar introduced the draft of the 26th constitutional amendment in the Senate, as reported by Abbtakk News. This initiative followed a Federal Cabinet meeting led by Prime Minister Shehbaz Sharif, which approved the contentious amendments.
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Khan stated that the party will oppose the 26th constitutional amendment. He added that PTI will articulate its position in both the National Assembly and the Senate of Pakistan.
Barrister Gohar emphasized that PTI founder Imran Khan had directed them to seek consultations due to the gravity of the legislation.
“Given our limited time for further discussions, and considering how the bill has been handled and how our parliamentarians were treated, the PTI cannot support this bill,” he remarked.
The draft seeks to amend several Articles of the Constitution of Pakistan as the federal government aims to implement judicial reforms.
Specifically, the 26th Constitutional Amendment draft suggests changes to Article 28, Section 4 of Article 48, Article 111, and Article 175, which pertain to the appointment of judges.
According to the proposed amendments, a committee will be established to oversee the appointment of Supreme Court judges. This committee will consist of two Members of the National Assembly (MNAs) and two Senators, ensuring equal representation from both the Treasury and Opposition benches.
The Prime Minister of Pakistan will nominate one Senator and one MNA, while Opposition Leaders will propose their members.
In line with the amendments to Article 175, a commission chaired by the Chief Justice of Pakistan will be responsible for appointing judges to the Supreme Court. The head of the Constitutional Bench (Presiding Judge) will also be part of this commission.
Additionally, the federal government has put forward legislation to modify the appointment process for the Chief Justice of Pakistan (CJP). A Special Parliamentary Committee, composed of eight MNAs and four Senators, will select a candidate from the three most senior judges of the Supreme Court. This name will then be forwarded to the Prime Minister, who will send a summary to the President.
Moreover, the federal government proposes the addition of Article 191 to establish a Constitutional Bench. The Judicial Commission will appoint judges to this Bench, ensuring equal representation from all provinces.
Following these amendments, all constitutional cases will be directed to the Constitutional Bench. Furthermore, changes to Article 193 are being proposed to disqualify dual nationals from serving as High Court judges.
