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Twenty-sixth Amendment to the Constitution of Pakistan

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Constitution (Twenty-sixth Amendment) Act, 2024
Parliament of Pakistan
PassedIn Senate of Pakistan: 20 October 2024
Legislative history
Bill titleThe Constitution (Twenty-sixth Amendment) Bill, 2024
Introduced byAzam Nazir Tarar (law minister)
Status: In force

The Twenty-Sixth Amendment to the Constitution of Pakistan, known officially as the Constitution (Twenty-sixth Amendment) Act, 2024 is an amendment to the Constitution of Pakistan, which outlines several changes to the judicial and executive frameworks. Finalised by a special parliamentary committee on 18 October 2024, the draft includes 11 pages and 26 amendments. The amendment seeks to modify aspects of the judicial process, define judicial powers, and make adjustments to the legal procedures.[1]

The proposal introduces Article 9A, which declares the right to a clean and healthy environment as fundamental, while also amending Articles 38, 48, 81, and 175A, among others. A notable change involves amendments to Article 175A, expanding the Judicial Commission of Pakistan to include members of both Parliament and the judiciary. It also proposes changes to the process for appointing the Chief Justice of Pakistan and other members of the judiciary.[1]

Additionally, the amendment suggests limiting the ability of courts to question recommendations made by the cabinet to the president or prime minister. It also modifies the procedures for taking suo motu actions by both the Supreme Court and high courts, placing this authority in the hands of a judicial committee under the Practice and Procedure Act.[1] The amendment was criticized by five interviewed lawyers/barristers in Dawn, called a "blow to the constitutional order", "politicising the judiciary", "emasculating the judiciary", and being "more workable" while requiring "redressal".[2]

Political parties, including the Pakistan People's Party, with its chairman Bilawal Bhutto Zardari, and the Pakistan Tehreek-e-Insaf, with its chief Gohar Ali Khan, have expressed their agreement with the draft, citing previous consensus with Jamiat Ulema-e-Islam (F) leader Maulana Fazlur Rehman.[1] PTI alleged that seven of its MNAs had been kidnapped, and "that the government was trying to enact the amendment at 'gunpoint'."[3] On 19th October it was reported that the draft had been finalised but was debated or voted upon by the National Assembly of Pakistan.[1] The next day the amendment was approved by the Cabinet and passed through the Senate,[4] and remains to be presented in the National Assembly.

Articles Of Amendment

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All articles of the Amendment Act passed unanimous in the Senate, with the exception of Clause 2, with four dissenting votes.[3][5] The amendment is now being presented in the National Assembly.[5]

Amended/Inserted Clauses Indented

  • Clause 2 (Insertion of Article 9A [clean and healthy environment])
    • Clause 2A (Amendment of Article 38 [Elimination of Riba before January 2028])[6]
  • Clause 3 (Amendment to Article 48 [president to act on advice])
  • Clause 4 (Amendment to Article 81 [expenditure charged upon Federal Consolidated Fund])
  • Clause 5 (Amendment to Article 111 [right to speak in Provincial Assembly])
    • Clause 6 (Amendment to Article 175A [Most senior judge of the Constitutional Bench])
  • Clause 7 (Amendment to Article 177 [appointment of Supreme Court Judges])
  • Clause 8 (Amendment to Article 179 [retiring age])
  • Clause 9 (Amendment to Article 184 [Original Jurisdiction of Supreme Court])
  • Clause 10 (Amendment to Article 185 [Appellate jurisdiction of Supreme Court])
  • Clause 11 (Amendment to Article 186A [power of Supreme Court to transfer cases])
  • Clause 12 (Amendment to Article 187 [issue and execution of processes of Supreme Court])
    • Clause 13 (Insertion of Article 191A [Constitutional Benches of the Supreme Court])
  • Clause 14 (Amendment to Article 193 [Appointment of High Court Judges])
  • Clause 15 (Amendment to Article 199 [Jurisdiction of High Court]) in favour: 65; against: 0
    • Clause 16 (Insertion of Article 202A [Constitutional Benches of High Courts])
    • Clause 16A (Amendment to Article 203C [The Federal Shariat Court])
    • Clause 16B (Amendment to Article 203D [Powers, jurisdiction and functions of the Court])
  • Clause 17 (Amendment to Article 208 [Officers and servants of Courts])
  • Clause 18 (Substitution of Article 209 [Supreme Judicial Council)
  • Clause 19 (Amendment to Article 215 [Term of office of Commissioner])
    • Clause 19A (Amendment to Article 229 [Reference to Islamic Council])
    • Clause 19B (Amendment to Article 230 [Functions of the Islamic Council])
  • Clause 20 (Amendment to Article 255 [Oath of Office])
  • Clause 21 (Amendment to Article 259 [Awards])
  • Clause 22 [Amendment to the Fourth Schedule of the Constitution]

References

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  1. ^ a b c d e Naveed Akbar (19 October 2024). "Full text: Draft of 26th constitutional amendment approved in committee". Aaj TV. Retrieved 20 October 2024.
  2. ^ Dawn.com (2024-10-20). "Judicial capture: Lawyers react to 'diluted' 26th Constitutional Amendment Bill". DAWN.COM. Retrieved 2024-10-20.
  3. ^ a b Dawn.com, Nadir Guramani | (2024-10-20). "NA session underway to pass 26th constitutional amendment bill after Senate approval". DAWN.COM. Retrieved 2024-10-20.
  4. ^ "سینیٹ میں 26ویں آئینی ترمیم 2 تہائی اکثریت سے منظور کرلی گئی". jang.com.pk. Retrieved 2024-10-20.
  5. ^ a b Recorder, BR (2024-10-20). "NA session resumes to pass 26th constitutional amendment bill after Senate approval". Brecorder. Retrieved 2024-10-20.
  6. ^ Dawn.com, Nadir Guramani | (2024-10-20). "NA session underway to pass 26th constitutional amendment bill after Senate approval". DAWN.COM. Retrieved 2024-10-20.
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