Daily Times

The draft of the 26th Constitutional Amendment Bill has been revealed, as the government faces difficulties in rallying sufficient parliamentary support to enact changes to several Constitutional articles.

The National Assembly and the Senate were scheduled to reconvene today, with the government pressing forward with crucial amendments aimed at overhauling judicial processes. However, a setback occurred with the postponement of the federal cabinet meeting, originally set for 10:30 a.m. today, which was intended to approve the draft law on judicial reforms.

The delay is reportedly due to Maulana Fazlur Rehman’s refusal to support the bill. Here’s a summary of the main amendments proposed in the draft:

– Article 48: This amendment prohibits any court, tribunal, or authority from reviewing the advice given by the cabinet or the prime minister to the president.

–Article 63A: The amendment allows a member’s vote to be counted even if it contradicts the direction of their parliamentary party.

– Article 78: Proposes the establishment of a federal constitutional court to handle constitutional matters.

– Article 175A: Suggests that appointments of judges to high courts and Shariat courts will be managed by a commission led by the chief justice of the Federal Constitutional Court. This commission will include two senior-most judges from the constitutional court, the chief justice of Pakistan, two senior judges, the law minister, attorney general, a senior advocate, and two members each from the National Assembly and Senate.

– Federal Constitutional Court Appointments: For the Federal Constitutional Court, the commission will include three additional judges from the constitutional court, rather than the chief justice of Pakistan and Supreme Court judges.

– Supreme Court Appointments: Appointments to the Supreme Court will be overseen by a commission headed by the chief justice of Pakistan, with five Supreme Court judges.

– Chief Justice Appointments: The chief justice of the Federal Constitutional Court will be appointed based on the recommendation of an eight-member National Assembly committee, which will suggest one of the three most senior judges. This recommendation will be forwarded to the president by the prime minister. Similarly, the same committee will recommend the chief justice of the Supreme Court, who will be nominated from the three most senior judges and appointed by the president based on the prime minister’s advice.

–First Appointments: The initial chief justice of the constitutional court will be appointed by the president on the prime minister’s advice, with the first judges of the constitutional court also appointed by the president in consultation with the chief justice.

– Representation and Eligibility: Judges from all four provinces will have equal representation in the Federal Constitutional Court. The term “chief justice of Pakistan” will be replaced with “chief justice of the Supreme Court.” Only Pakistani citizens can be appointed as judges to either court; dual citizens are not eligible.

– Retirement and Tenure: Judges of the Constitutional Court will retire at 68, while Supreme Court judges serving on the Constitutional Court will have a three-year term. Chief justices of both courts will also serve a three-year term.

The amendments reflect significant changes to the judicial system, aiming to enhance its structure and operations, though the path to their adoption remains uncertain amid political hurdles.