In a late-night session that began at 11.36pm on Sunday and extended well past midnight, the Pakistan National Assembly passed at 5am on Monday the highly controversial 26th Constitutional Amendment that critics say effectively neuters the judicial system of the country.
In another sign of the desperate hurry, President Asif Ali Zardari gave his assent to the law mere hours after the approval of both houses of parliament.
What is the 26th Constitutional Amendment
The Constitution (26th Amendment) Act, 2024, was introduced to address perceived issues within the judicial system of Pakistan, particularly focusing on the powers of the Supreme Court and the appointment of its Chief Justice.
Here are some key components of the amendments:
Controversy over the amendments
While proponents argue that these reforms are necessary for improving judicial efficiency and accountability, opponents contend that they threaten judicial independence and may pave the way for increased political interference in legal matters.
The timing and nature of this amendment have raised suspicions about political motivations behind it.
Critics argue that this move is an attempt by the ruling coalition led by Shehbaz Sharif to exert control over an independent judiciary, particularly in light of ongoing tensions with former Prime Minister Imran Khan's party, Pakistan Tehreek-e-Insaf (PTI).
The PTI has vehemently opposed these changes, viewing them as a direct threat to judicial independence and an effort to undermine checks and balances within government institutions.
Many legal experts and political analysts have expressed concern that limiting the CJP's tenure could lead to politicisation within the judiciary. By establishing a commission that includes political appointees, there are fears that judicial appointments may become more susceptible to political influence rather than being based solely on merit and legal expertise.
The legal community has also voiced strong opposition against these amendments, stating that the changes could lead to a judiciary that is less willing to challenge government actions or uphold constitutional rights if they are perceived as beholden to political interests.
Row over how Bill was passed
There are serious allegations of coercion surrounding the passage of the 26th Constitutional Amendment.
Local media reports suggested that members of the Pakistan Tehreek-e-Insaf (PTI) faced intimidation tactics, including threats of abduction, to ensure their support for the Bill. PTI leaders have claimed that their lawmakers were pressured into voting in favor of the amendment or faced consequences for non-compliance.
The process leading up to the amendment has also been criticised for its lack of transparency and consensus among political parties. While some coalition members gave broad support for the amendment, others, particularly from PTI, expressed their refusal to participate in what they describe as a coerced vote.
The hurried nature of this legislative process has raised questions about whether adequate deliberation occurred among lawmakers regarding such significant constitutional changes.
The government required 224 votes to pass the Bill. As voting commenced under the chairmanship of NA Speaker Ayaz Sadiq, 225 members of the National Assembly supported the motion, while 12 members from the PTI and the Sunni-Ittehad Council (SIC) opposed it.
The Bill comprised 27 clauses. After the passage of the first clause, the PTI members walked out of the assembly.
Historical achievement: PM Shehbaz Sharif
Following the passage of the bill, PM Shehbaz Sharif delivered a speech and congratulated the parliament for the "historical achievement", said a report by Dawn.
"This 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," PM Shehbaz said.
PPP chairman Bilawal Bhutto-Zardari thanked the PML-N, MQM-P, IPP, JUI-F, ANP, and other parties for their contributions to the Bill.
He also extended his gratitude to the PTI, stating: "I also thank the 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."
PTI's Leader of the Opposition in the National Assembly, Omar Ayub Khan, took over the floor of the NA and criticised the amendments, arguing that they did not reflect the will of the Pakistani people.
Taking a jab at law minister Tarar and Bilawal, he said that those who had "gone missing" should have been thanked as well during the note of thanks. Ayub detailed how PTI lawmakers were "tortured and harassed".
"These were all tactics to pressure us. The mistreatment of Imran Khan in jail is also an example," he said.
Ayub also questioned the urgency behind passing the amendments, asking: "What would have happened had it been passed on October 31?"
He also said that the amendments were an attempt to undermine the independence of the judiciary.
Meanwhile, Defence minister Khawaja Asif said the amendment had been passed by the Senate "to restore respect and dignity of the parliament and the House". "There must be consistency in our political behaviour otherwise we will not get the respect and dignity we seek," he said.
Charter of Democracy
As per the report by Dawn, Asif went on to say that the constitutional amendments were not something that the government had "newly invented" but it was a continuation of the Charter of Democracy that all political leaders, including Imran, had unanimously signed.
The Charter of Democracy was signed in London on May 14, 2006, by major political parties in response to the military dictatorship of General Pervez Musharraf, with the aim of promoting democratic norms and preventing the abuse of power by unelected institutions such as the military and judiciary.
In another sign of the desperate hurry, President Asif Ali Zardari gave his assent to the law mere hours after the approval of both houses of parliament.
What is the 26th Constitutional Amendment
The Constitution (26th Amendment) Act, 2024, was introduced to address perceived issues within the judicial system of Pakistan, particularly focusing on the powers of the Supreme Court and the appointment of its Chief Justice.
Here are some key components of the amendments:
- Capping the tenure of the Chief Justice: The amendment limits the tenure of the Chief Justice of Pakistan (CJP) to three years. This change is significant as it alters a long-standing tradition where seniority typically dictated judicial appointments, allowing for potentially longer tenures based on merit and experience.
- Judicial Appointment Commission: A new 12-member commission has been established to appoint the CJP. This commission will comprise: The current Chief Justice, four senior-most judges from the Supreme Court, two senators, and two members from the National Assembly, including one from the opposition.
- Suo Motu powers: The amendment seeks to dilute the Supreme Court's suo motu powers, which allow it to take action on matters without a formal request from another party. This change aims to reduce what many perceive as judicial overreach.
- Performance evaluation system: A performance evaluation system for judges is introduced to enhance accountability and efficiency within the judiciary. This system is designed to address public complaints regarding prolonged case resolutions, which can sometimes take years.
- Representation for marginalised groups: The amendment also includes provisions for better representation of marginalized communities, ensuring that women and minorities have a voice in judicial appointments through designated representatives.
Controversy over the amendments
While proponents argue that these reforms are necessary for improving judicial efficiency and accountability, opponents contend that they threaten judicial independence and may pave the way for increased political interference in legal matters.
The timing and nature of this amendment have raised suspicions about political motivations behind it.
Critics argue that this move is an attempt by the ruling coalition led by Shehbaz Sharif to exert control over an independent judiciary, particularly in light of ongoing tensions with former Prime Minister Imran Khan's party, Pakistan Tehreek-e-Insaf (PTI).
The PTI has vehemently opposed these changes, viewing them as a direct threat to judicial independence and an effort to undermine checks and balances within government institutions.
Many legal experts and political analysts have expressed concern that limiting the CJP's tenure could lead to politicisation within the judiciary. By establishing a commission that includes political appointees, there are fears that judicial appointments may become more susceptible to political influence rather than being based solely on merit and legal expertise.
The legal community has also voiced strong opposition against these amendments, stating that the changes could lead to a judiciary that is less willing to challenge government actions or uphold constitutional rights if they are perceived as beholden to political interests.
Row over how Bill was passed
There are serious allegations of coercion surrounding the passage of the 26th Constitutional Amendment.
Local media reports suggested that members of the Pakistan Tehreek-e-Insaf (PTI) faced intimidation tactics, including threats of abduction, to ensure their support for the Bill. PTI leaders have claimed that their lawmakers were pressured into voting in favor of the amendment or faced consequences for non-compliance.
The process leading up to the amendment has also been criticised for its lack of transparency and consensus among political parties. While some coalition members gave broad support for the amendment, others, particularly from PTI, expressed their refusal to participate in what they describe as a coerced vote.
The hurried nature of this legislative process has raised questions about whether adequate deliberation occurred among lawmakers regarding such significant constitutional changes.
The government required 224 votes to pass the Bill. As voting commenced under the chairmanship of NA Speaker Ayaz Sadiq, 225 members of the National Assembly supported the motion, while 12 members from the PTI and the Sunni-Ittehad Council (SIC) opposed it.
The Bill comprised 27 clauses. After the passage of the first clause, the PTI members walked out of the assembly.
Historical achievement: PM Shehbaz Sharif
Following the passage of the bill, PM Shehbaz Sharif delivered a speech and congratulated the parliament for the "historical achievement", said a report by Dawn.
"This 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," PM Shehbaz said.
PPP chairman Bilawal Bhutto-Zardari thanked the PML-N, MQM-P, IPP, JUI-F, ANP, and other parties for their contributions to the Bill.
He also extended his gratitude to the PTI, stating: "I also thank the 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."
PTI's Leader of the Opposition in the National Assembly, Omar Ayub Khan, took over the floor of the NA and criticised the amendments, arguing that they did not reflect the will of the Pakistani people.
Taking a jab at law minister Tarar and Bilawal, he said that those who had "gone missing" should have been thanked as well during the note of thanks. Ayub detailed how PTI lawmakers were "tortured and harassed".
"These were all tactics to pressure us. The mistreatment of Imran Khan in jail is also an example," he said.
Ayub also questioned the urgency behind passing the amendments, asking: "What would have happened had it been passed on October 31?"
He also said that the amendments were an attempt to undermine the independence of the judiciary.
Meanwhile, Defence minister Khawaja Asif said the amendment had been passed by the Senate "to restore respect and dignity of the parliament and the House". "There must be consistency in our political behaviour otherwise we will not get the respect and dignity we seek," he said.
Charter of Democracy
As per the report by Dawn, Asif went on to say that the constitutional amendments were not something that the government had "newly invented" but it was a continuation of the Charter of Democracy that all political leaders, including Imran, had unanimously signed.
The Charter of Democracy was signed in London on May 14, 2006, by major political parties in response to the military dictatorship of General Pervez Musharraf, with the aim of promoting democratic norms and preventing the abuse of power by unelected institutions such as the military and judiciary.
You may also like
Millions of Cubans Face Power Outages as Electrical Grid Fails Again Amid Hurricane Threat
'We're friends but ... ': Trump recalls warning Putin over Ukraine invasion 'I'll hit you in middle of Moscow'
Kerala govt allocates funds for social security pensions amid financial challenges
Labuschagne, Khawaja Wanted Me Behind Them: Smith On Returning To No. 4 In Tests
Neymar breaks down in tears and is 'suffering every day' despite closing on injury return
