The 26th Constitutional Amendment presented by the government has been passed by the National Assembly with a two-thirds majority after its approval by the Senate. Most of the amendments relate to the judiciary.
According to a report by Voice of America, under the constitutional amendment, the appointment of the Chief Justice of the Supreme Court will no longer be based on seniority. Instead, the appointment of the Chief Justice will be made by a committee.
This committee can propose one of the three most senior judges for appointment as the Chief Justice.
Appointment of the Chief Justice
The Chief Justice will be appointed on the recommendation of a special parliamentary committee.The parliamentary committee will select one of the three most senior judges of the Supreme Court as the Chief Justice.
The Prime Minister will send the name of the recommended Chief Justice to the President.If a judge refuses the appointment, the next most senior judge’s name will be considered.
Committee for Appointment of the Chief Justice
A special 12-member parliamentary committee will be formed to appoint the Chief Justice.For the first time, after the approval of the constitutional amendment, the name of the Chief Justice will be sent three days before the retirement of the current Chief Justice.Subsequently, the parliamentary committee will send the name 14 days before the appointment of the new Chief Justice.
The parliamentary committee will have proportional representation from all parliamentary parties.This committee will include eight members from the National Assembly and four members from the Senate.
Term of Office for the Chief Justice
According to the constitutional amendment passed by the Assembly, the term of the Chief Justice of the Supreme Court will be three years.The upper age limit for the Chief Justice has been set at 65 years.
Formation of Constitutional Benches
Constitutional benches will be formed in the Supreme Court and the high courts of the provinces.Further amendments have been made to Article 16. To form constitutional benches in the Islamabad High Court, a resolution must be passed by the Parliament (National Assembly).Similarly, for the formation of constitutional benches in the provincial high courts, the provincial assemblies will pass resolutions.
The Judicial Commission will determine the number of judges and constitutional benches. The senior-most judge on any constitutional bench will be its head. Efforts will be made to ensure that judges from all provinces are equally represented on these benches.
Suo Motu Powers
The power of Suo Motu under Article 184 will now be with the constitutional benches. Cases related to the interpretation of the Constitution under Article 185 will fall within the jurisdiction of the constitutional benches.Advisory jurisdiction under Article 186 will also rest with the constitutional benches.
Hearing of Cases
Under Article 184(3), the Supreme Court cannot issue any directive or declaration on its own.Under Article 186-A, the Supreme Court can transfer any case from one high court to another or to itself.
Appointment of Judges
The Judicial Commission will review the annual performance of high court judges. The Commission will appoint the judges of the Supreme Court.The Chief Justice, along with the senior-most judge of the constitutional benches, will be part of the Commission.The Commission will include the three senior-most judges of the Supreme Court, the Federal Law Minister, and the Attorney General as members.
For Whom is the 26th Constitutional Amendment?
A lawyer nominated by the Pakistan Bar Council with at least 15 years of experience will be a member of the Commission for two years.Two members of the National Assembly and two members of the Senate will also be part of the Commission.
A woman or a non-Muslim technocrat from the Senate will be made a member of the Commission for two years.
Elimination of Interest
The constitutional amendment has also approved a provision for eliminating interest from the banking system within three years. Article 38 has been amended to stipulate that interest will be eliminated by January 1, 2028.
No Questions on Prime Minister or Cabinet’s Proposal to the President
Article 48 has been included in the constitutional amendment, which states that no court, tribunal, or authority can raise questions about a proposal sent by the Prime Minister or Cabinet to the President.
The Chief Election Commissioner or a member will continue to work until a new appointment is made after retirement.
Amendments have been made to Articles 229 and 230, which will allow Parliament or provincial assemblies to seek the opinion of the Council of Islamic Ideology on legislation.
Any matter can be referred to the Council of Islamic Ideology with the support of 25% of the members.
Source By: VoA
