ISLAMABAD (The Thursday Times) — Law Minister Azam Nazeer Tarar today presented the 26th Constitutional Amendment Bill at the 343rd session of the Senate of Pakistan. Today’s Senate session, chaired by Yusuf Raza Gilani, commenced with a motion by Deputy Prime Minister and Foreign Minister Ishaq Dar to suspend routine proceedings. This motion was promptly approved by the House, paving the way for Law Minister Azam Nazeer Tarar to present the 26th Constitutional Amendment Bill. None of the senators present opposed the proposed amendment.
Extensive consultation with all political parties
Azam Nazeer Tarar, while opening the discussion on the amendment, revealed that extensive consultations were held with all political parties before drafting the final version of the bill, which was then approved by the federal cabinet. The Higher Judiciary’s appointment process, previously amended by the 18th Constitutional Amendment, underwent considerable deliberation to ensure the transparency and merit-based selection of judges.
A blow to parliamentary sovereignty following the 18th Amendment
Tarar recalled that after the 18th Amendment, which allowed Parliament to oversee judicial appointments, the Supreme Court promptly accepted a petition challenging it. He highlighted that the judiciary’s insistence on rebalancing powers undermined Parliament’s sovereignty. Consequently, the 19th Amendment was passed, shifting the balance of judicial appointments toward the Supreme Court and limiting the Parliamentary Committee’s influence.
The Law Minister underscored that legal entities like the Pakistan Bar Council and the Supreme Court Bar Association had frequently advocated for reforms in the judicial appointment process. The previous system, where the Prime Minister advised the President on appointments, was more efficient. The proposed amendment suggests suitable revisions to Article 175-A of the Constitution.
Formation of a judicial commission
The bill proposes a judicial commission comprising the Chief Justice of Pakistan and four senior judges of the Supreme Court. Additionally, the commission would include two members from the government and opposition in both houses of Parliament. The commission will have the authority to form constitutional benches, with the Chief Justice presiding over cases.
Furthermore, the commission will evaluate the performance of judges and ensure transparency in their appointment and effectiveness. Tarar emphasised that the commission would include members from both houses of Parliament, and in case the National Assembly is dissolved, senators will fill the roles.
Empowering the Speaker to nominate technocrats
The bill also allows the Speaker of the National Assembly to nominate a woman or a minority member with technocratic expertise outside Parliament to the commission. It ensures provincial representation remains intact and acknowledges past instances where unanimous decisions by the Parliamentary Committee were overturned by a single judge, leading to the dismissal of Prime Ministers, including Nawaz Sharif.
Chief Justice Isa’s refusal of an extension
Azam Nazeer Tarar revealed that Chief Justice Qazi Faez Isa had firmly declined any interest in an extension of his term. He voiced concerns over the slow pace of justice, noting that cases drag on for years without resolution. The new commission will be empowered to assess judges’ performance and take action against those underperforming, ensuring greater accountability.
Islamic amendments from JUI-F incorporated
Tarar added that JUI-F’s proposed amendments regarding Islamic laws, including reforms to the Federal Shariat Court and Islamic Ideology Council, were included in the final draft. He confirmed that the government had agreed to JUI-F’s five amendments, which clarified provisions related to interest (riba), and the gradual eradication of the interest-based system by 2028.
Constitutional benches at the provincial level
The proposed amendment introduces constitutional benches at the provincial level, with the authority to form these benches delegated to the provincial assemblies. The amendment also allows each provincial assembly to pass a resolution with a simple majority for the establishment of these benches. This proposal was originally suggested by the Pakistan People’s Party.
A reshaped judicial commission structure
The judicial commission’s composition will be reformed to include the Chief Justice of Pakistan, four senior-most judges of the Supreme Court, and four parliamentarians—two each from the Senate and National Assembly. Representatives from both the government and opposition will be present. Additionally, the Law Minister and Attorney General will remain members of the commission.
Monitoring judicial performance
Performance evaluations of judges will be included in the amendments, addressing public grievances over prolonged case delays. Judges who are not meeting performance standards will have their cases referred to the Supreme Judicial Council, which will be mandated to issue decisions within six months.
Tarar reiterated that the agreed draft bill reflects suggestions from JUI-F’s legal team and extensive consultations with political parties. Bilawal Bhutto Zardari’s leadership was key in finalising the draft, with the Pakistan People’s Party playing an active role in fostering consensus among coalition partners.
Chief Justice’s tenure capped at three years
The bill proposes that the Chief Justice of Pakistan’s tenure be fixed at three years, with an automatic retirement once they reach the age of 65, whichever comes first. The Minister of Information, Attaullah Tarar, hailed the bill as a historic step for Pakistan’s democracy, emphasising the transparency and inclusivity of the process.
