Senate passes 26th Amendment Bill 2024, fixing CJP term for three years
1. Bill aimed at enforcing judicial reforms that have been a bone of contention between govt and opposition
The government successfully passed the contentious 26th Constitutional Amendment Bill, 2024, in the Senate on Sunday, limiting the tenure of the Chief Justice of Pakistan (CJP) to three years, despite resistance from the Pakistan Tehreek-e-Insaf (PTI). The bill was introduced hours after the federal cabinet approved the draft amendments, following weeks of uncertainty. The Senate approved the bill with a 65-4 vote, achieving the required two-thirds majority.
Political leaders held consultations late into Saturday night, amid PTI's staunch opposition to the bill. Initially scheduled for earlier, the bill’s presentation was delayed at the request of Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman, who sought PTI’s response before committing his party’s support.
PTI has repeatedly voiced concerns over the judiciary-focused reforms, which include a fixed three-year term for the CJP, the creation of constitutional benches, restructuring of the Supreme Judicial Council, and the establishment of a Special Parliamentary Committee to recommend the next CJP from the three most senior Supreme Court judges.
During the Senate session, Federal Minister for Law Azam Nazeer Tarar confirmed a consensus had been reached between the government and its allies, including JUI-F, on the constitutional amendments. He urged Senate Chairman Yusuf Raza Gilani to allow the bill's introduction as a supplementary agenda and emphasized the need for judicial reforms, referencing previous instances of suo moto notices by former chief justices and the dismissal of elected prime ministers by the courts.
Tarar explained that the amendment would establish constitutional benches within the Supreme Court, with judges appointed by the judicial commission, which would also assess their performance. He added that the 12-member parliamentary committee would select the CJP with a two-thirds majority, and constitutional benches could be set up in the provinces. He stressed that the bill aimed to provide swift and affordable justice for the common people.
PTI Senator Barrister Ali Zafar argued that amendments to the Constitution require broad consensus, warning that changes made without it could harm the country's democracy. He cited the example of Article 58(2)(b), which allowed the president to dissolve the government, saying both the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) had suffered due to this provision.
While PTI boycotted the vote, the party later clarified that its lawmakers would participate in the parliamentary process but would abstain from voting. PTI Chairman Barrister Gohar reiterated that the party had no role in drafting the amendment and emphasized that the bill was processed without sufficient consultations.
Prime Minister Shehbaz Sharif hailed the cabinet's approval of the amendment as a major achievement, emphasizing that it would contribute to Pakistan’s stability and development. He congratulated the nation and reiterated the government’s commitment to public welfare and the rule of law.
The constitutional amendment package introduces reforms such as a fixed three-year term for the CJP, the establishment of constitutional benches, and the restructuring of the Supreme Judicial Council. These changes aim to ensure judicial accountability and improve the overall functioning of the judiciary.
