Pakistan has passed a controversial judicial amendment bill on Monday. This constitutional amendment aims to bring about various changes to the judicial system in Islamabad, including reducing the Chief Justice's tenure to three years.
The bill was first passed in Pakistan's Senate with a two-thirds majority on Sunday, followed by approval from the National Assembly at 5 AM on Monday morning.
The bill, also known as the 26th constitutional amendment was approved by 225 members of the 336-member National Assembly.
However, the approval of this bill was objected to by the opposition of Pakistan Tehreek-e-Insaf (PTI) and the Sunni-Ittehad Council (SIC), who believe this amendment will water down the powers of the independent judiciary in Pakistan.
However, despite opposition, with support from the six independent members in the assembly, the bill was approved.
As per Law Minister Azam Nazeer Tarar, the 26th Constitutional Amendment Bill and its changes will "help expedite the dispensation of justice".
"Today’s amendment, the 26th, is not just an amendment, but an example of national solidarity and consensus. A new sun will rise, emanating across the nation," said Pakistani PM Shehbaz Sharif after the bill was passed in the parliament.
What Is The 26th Constitutional Amendment About?
The 26th Constitutional Amendment Bill, passed by the Pakistan government, comprises a set of constitutional amendment with a focus on the judicial system of the country.
Among all the key features, one of them are the creation of a special commission to appoint the Chief Justice of Pakistan out of the three senior-most judges of the Supreme Court.
With this, the automatic rise of the senior most Supreme Court judge to the post of CJP is blocked.
The Special Parliamentary Committee has also been amended and will now comprise of eight members from the National Assembly and four members from the Senate, who will decide on who takes over as the Chief Justice.
This name will then be sent to the Prime Minister, who will then forward it to the President. As per the legislation, the committee must send the name for the next candidate "by majority of not less than two-thirds of its total membership, within 14 days prior to the retirement."
Apart from this, the legislation also takes away the apex court's suo motu powers - "Provided that the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause.”
Furthermore, the tenure of the Chief Justice Of Pakistan has been reduced to three years or until resignation, reaching age 65, or removal—whichever comes first.
Some other changes introduced -
The amendment suggests that the commission responsible for appointing judges to the top court, high courts and the federal Shariat Court must have members with minium 15 years of practice as a senior lawyer at the Supreme Court.
Performance evaluations for high court judges will be conducted annually. Those who fail the evaluation will be given time to improve and then reviewed again.
Constitutional benches to be created by the Judicial Commission of Pakistan as needed and must have equal representation from each province.
The bill will now be sent to President Asif Ali Zardari for assent, before it is implemented in the country.
