Islamabad (Web Desk): After the Senate passed the 26th Constitution Amendment Bill 2024 with a two-thirds majority, the National Assembly (NA) also passed the contentious constitutional package in the early hours on Monday.
The coalition government needed 224 votes to pass the bill, whereas, it managed to secure 225 votes with some opposition members staging a walk out.
Law Minister Azam Nazeer Tarar tabled the bill during a session of the National Assembly that commenced late Sunday night and extended into the early hours of Monday morning.
The amendment was passed clause by clause. The 26th Amendment contains 27 clauses.
Speaking on the floor of the House, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari said that the minimum consensus which was possible in the current political polarisation was achieved on the 26th constitutional amendment.
“This is the triumph of politics, political parties and that of democracy,” he said.
Bilawal expressed gratitude to Jamiat Ulema-e-Islama-Fazl (JUI-F) Chief Maulana Fazlur Rehman for his crucial role in securing the passage of the bill.
“Maulana Fazlur Rehman did the most to ensure the success of this bill. His role in this process has been historic, and I can proudly say he played the most significant part in it,” he said.
The PPP chief also thanked PML-N, MQM-P, IPP, JUI-F, ANP, and other coalition partners for their contributions to the bill.
Bilawal further acknowledged Pakistan Tehreek-e-Insaf's (PTI) role, saying, “I also thank PTI for playing a part in this historic achievement. This is a political success, and I wish you wouldn’t have portrayed your own victory as a loss.”
Federal Minister for Defence Khawaja Asif said that the passage of the 26th Constitutional Amendment was aimed at restoring the respect and dignity of the parliament, as guaranteed by the Constitution of Pakistan.
He said that elected representatives should have the authority to legislate for the welfare of the public and that the minority should not impose its decisions on the majority.
“We are empowering the parliament, as agreed in the Charter of Democracy (CoD) signed by all political parties,” he said. “Today’s amendment restores power to the people of this country, through their elected representatives.”
The minister reiterated that the power had been devolved to the parliament and not to individuals.
“The amendment reflects the principles laid out in the CoD and addresses issues that have been a part of its agenda for years,” he added.
Asif highlighted that thousands of cases were pending in the superior courts, and he expressed optimism that reforms in the judiciary would help improve the performance of the courts.
He also stressed the importance of protecting the respect of the parliament. He said, “Politicians face disqualification, they sacrifice their lives and endure imprisonment—why can’t the judiciary be held accountable?” he added.
Khawaja Asif said that former premier Nawaz Sharif was removed from the office of Prime Minister simply for not withdrawing a salary from his son, he added.
He added that parliament would hold the judiciary accountable, and criticized the opposition for opposing reforms aimed at enhancing the autonomy of the parliament.
The minister said that the present Chief Justice has restored the respect of the judiciary.
Asif also criticized Pakistan Tehreek-e-Insaf (PTI) and its founder for victimising political opponents. “The PTI leadership misused their authority and targeted opposition parties,” he said.
The PML-N leader appreciated Maulana Fazlur Rehman for his efforts in building consensus on the 26th Constitutional Amendment.
He also took a dig at opposition leader Omar Ayub Khan, accusing him of shifting allegiances between parties.
Speaking on the floor of the House, Maulana Fazlur Rehman commended the joint efforts of PPP Chairman Bilawal Bhutto Zardari, coalition partners, and the leadership of the PTI for successfully passing the 26th Constitutional amendment package, which reinforces the unity among the federating units.
He said that the constitutional amendment package should aim to extend judges’ terms and bring about judicial reforms, instead of focusing on specific individuals.
The JUI-F chief commended the cooperative efforts of cross-party leaders that led to the consensus passage of the 1973 Constitution in April 1973, involving all stakeholders.
He remarked that Parliament, political parties, and leaders must reflect on their actions, as they have spoken about strengthening democracy since the era of former dictator Gen Zia-ul-Haq, yet have permitted democracy to weaken.
Maulana Fazlur Rehman pointed out that the initial draft of the constitutional amendment package contained 56 clauses, which he believes undermines democracy, but it was reduced to 22 through a consensus process.
The JUI-F applauded the inclusion of a clause in the constitutional amendment package designed to eliminate Riba from the country by 2028.
The 26th Constitution Amendment Bill 2024 encompasses judicial reforms aimed at the provision of speedy justice and bringing more transparency.
Presenting the bill, the law minister said the constitution amendment envisages introduction of reforms to the appointment process and tenure of the Chief Justice of Pakistan (CJP) and establishment of constitutional benches at the Supreme Court, with equal representation from all provinces.
It also provides to establish constitutional benches at the high courts.
The senior-most judge of each constitutional bench will serve as its presiding officer.
Under the new amendment, the term for the CJP has been set at three years.
A 12-member parliamentary committee will nominate the new CJP from a panel of the three most senior judges.
The committee, comprising eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.
Besides, a Judicial Commission of Pakistan (JCP), led by the CJP and comprising three senior judges, two members each from the National Assembly and Senate, the federal minister for law, the Attorney General of Pakistan (AGP), and a nominee of the Pakistan Bar Council, having not less than 15 years of practice in the Supreme Court, will be responsible for appointments of the judges of the top court.
The commission will also monitor judges’ performance and report any concerns to the Supreme Judicial Council.
The amendment also included provisions related to the Supreme Judicial Council’s composition, ensuring a diverse and robust judicial structure, with the council consisting of the Chief Justice of Pakistan and the two most senior judges of the Supreme Court and the two most senior Chief Justices of the High Courts.
One of the most significant components of the amendment is the complete eradication of Riba (interest) from the country by January 1, 2028.
This has been added through an amendment to Article 38, reflecting Pakistan’s commitment to an interest-free economic system.
