Jonah Patel
The 26th Amendment Bill, 2024, is a set of constitutional amendments in Pakistan that have sparked controversy and political upheaval. The bill proposes changes to the country's judicial system, including the tenure and appointment of the Chief Justice of Pakistan (CJP) and the evaluation of judges' performances. The amendment has been criticised for allegedly diluting the power of an independent judiciary and has been described as a body blow to Pakistan's democracy and constitutional order. The government, however, maintains that the amendment aims to restore respect and dignity to parliament and empower the people of the country through their elected representatives.
| Characteristics | Values |
|---|---|
| Purpose | To overhaul key aspects of the country's judicial system |
| Scope | Tenure and appointment of the Chief Justice of Pakistan (CJP) and the evaluation of judges' performances |
| Provisions | Fixed three-year term of the CJP, establishment of constitutional benches, restructuring of the Supreme Judicial Council, formation of a Special Parliamentary Committee |
| Voting | 65 votes in favour, 4 against |
| Reactions | Mixed, with some celebrating it as a historic reform and others criticising it as an attack on judicial independence |
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What You'll Learn
- The 26th Amendment Bill's impact on the independence of Pakistan's judiciary
- The bill's proposal to fix the tenure of the Chief Justice of Pakistan (CJP)
- The process of appointing the CJP and evaluating judges' performances
- The implications of the bill on the power dynamics between the political executive and the judiciary
- The political storm sparked by the bill, including allegations of lawmakers being coerced into supporting it
The 26th Amendment Bill's impact on the independence of Pakistan's judiciary
The 26th Amendment Bill, passed by Pakistan's coalition government in October 2024, has been a highly contentious issue. The bill proposes a set of constitutional amendments that have sparked a fierce debate regarding the independence of the judiciary.
The bill includes provisions for a fixed three-year term for the Chief Justice of Pakistan (CJP) and the formation of a Special Parliamentary Committee. This committee will have significant influence over the judiciary, including the power to create rules and procedures for assessing the fitness of judges and selecting the CJP from a list of three senior judges. The amendment also impacts the tenure and appointment of the CJP and the evaluation of judges' performances.
Many lawyers and opposition parties have criticised the bill, arguing that it undermines the independence of the judiciary. Barrister Asad Rahim stated that the amendment marks the "biggest reversal for judicial independence in three decades", with the executive branch regaining the power to appoint judges. The involvement of a parliamentary committee in selecting the CJP and determining which superior court judge can hear constitutional matters is seen as an attack on the judiciary's independence, bringing it into a state of "subservience to the legislature and the executive".
The government, however, has defended the bill, with Defence Minister Khawaja Asif stating that it "aims to restore the respect and dignity of the parliament as guaranteed by the Constitution of Pakistan". He emphasised the need to hold the judiciary accountable and improve the performance of the courts, which are currently facing a large number of pending cases.
The passage of the 26th Amendment Bill highlights the ongoing power dynamics between the political executive and the judiciary in Pakistan, with the government's actions being perceived as an attempt to exert greater control over the judicial system.
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The bill's proposal to fix the tenure of the Chief Justice of Pakistan (CJP)
The 26th Amendment Bill, 2024, has sparked a political storm in Pakistan, with the government aiming to introduce a set of judiciary-oriented constitutional amendments. The bill has been contentious, with some arguing that it aims to "restore the respect and dignity of parliament as guaranteed by the Constitution of Pakistan", while others claim it deals a "body blow" to the country's democracy and constitutional order.
One of the key proposals of the 26th Amendment Bill is to fix the tenure of the Chief Justice of Pakistan (CJP) to a three-year term. This proposal has been highly controversial, with the opposition arguing that it is an attempt to suppress the judiciary and bring it under the control of the executive. The government, on the other hand, argues that it is necessary to ensure the efficient functioning of the judiciary and hold it accountable.
The process of appointing the CJP is also set to change under the 26th Amendment Bill. Previously, the CJP was appointed by the Prime Minister from a list of three senior judges of the apex court. However, with the new amendments, a special parliamentary committee will now be formed to suggest names for the CJP's appointment. This committee will also be responsible for creating rules and procedures for assessing the fitness of judges and will have the power to appoint substitutes for high court chief justices in their unavailability.
The proposal to fix the tenure of the CJP to three years has been a major point of contention in the 26th Amendment Bill. The government argues that it will bring much-needed stability and predictability to the role, ensuring that the CJP can focus on their duties without the distraction of re-election concerns. However, critics argue that it gives too much power to the executive and undermines the independence of the judiciary. They worry that it will lead to a "game of thrones" every few years, with partisan candidates favoured over qualified, independent judges.
The passage of the 26th Amendment Bill has been a lengthy and challenging process, with the government working to secure the necessary votes in both the Senate and the National Assembly. The bill has faced strong opposition, with some parties boycotting the voting process and expressing concerns about the potential impact on the independence of the judiciary. However, after multiple delays and negotiations, the bill was finally passed in the Senate during the predawn hours, with 65 votes in favour and four against. The focus now shifts to the National Assembly, where the bill is expected to face further debate and voting.
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The process of appointing the CJP and evaluating judges' performances
The 26th Amendment Bill, 2024, has sparked controversy in Pakistan as it proposes a set of judiciary-oriented constitutional amendments. One of the key proposals is the introduction of a fixed three-year term for the Chief Justice of Pakistan (CJP). This has raised concerns about the independence of the judiciary and the potential influence of the executive in the appointment process.
The process of appointing the CJP has been a contentious issue. Previously, the CJP was appointed by the Prime Minister, but the 26th Amendment establishes a new procedure. The amendment proposes the formation of a Special Parliamentary Committee that will suggest names from among the three most senior judges of the apex court for the CJP's appointment. This has been criticised as a "game of thrones" that will favour "pliant or partisan candidates".
The Special Parliamentary Committee, with representation from all parties, has been tasked with discussing and approving the constitutional amendments. The committee will have the power to create rules and procedures for assessing the fitness of judges. This includes setting criteria and evaluating judges' performances.
The amendment also proposes changes to the composition of the commission responsible for appointing judges to the Supreme Court, high courts, and the Federal Shariat Court. It suggests that the commission should include members with a minimum of 15 years of experience as senior lawyers in the Supreme Court.
The government has defended the amendment, stating that it aims to "restore the respect and dignity of parliament" and empower the people of the country through their elected representatives. They argue that the judiciary should be accountable, just like politicians.
The passage of the 26th Amendment Bill has been a lengthy process, with negotiations and debates taking place in both the Senate and the National Assembly. The bill has faced opposition and delays, with some parties boycotting the voting process. However, it has also gained support from key political figures and parties, and the government has expressed optimism about its passage.
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The implications of the bill on the power dynamics between the political executive and the judiciary
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The political storm sparked by the bill, including allegations of lawmakers being coerced into supporting it
Pakistan's 26th Constitutional Amendment bill sparked a political storm, with allegations of lawmakers being coerced into supporting it. The bill, which aims to amend key aspects of the country's judicial system, has been controversial from the start. The government has been accused of attempting to suppress the judiciary and dilute the power of an independent judiciary by influencing the tenure and appointment of the Chief Justice of Pakistan (CJP) and the evaluation of judges' performances.
The political storm surrounding the bill intensified as the Pakistan Tehreek-e-Insaf (PTI) party alleged that its members were offered bribes of up to Rs 3 billion to support the amendments. The PTI also claimed that there was harassment and abduction of its opposition members of parliament. These allegations were, however, denied by the government.
The JUI-F, a key political party, initially threatened to withdraw from negotiations due to the alleged harassment of its lawmakers. However, after receiving a response from the PTI and securing concessions from the government, the JUI-F announced its support for the amendment. This support was crucial, as the JUI-F holds a significant number of seats in the National Assembly and the Senate.
The Pakistan Peoples Party (PPP), which leads the coalition government, played a pivotal role in pushing for the amendment's passage. PPP Chairman Bilawal Bhutto-Zardari emphasised the need for a broad political consensus and expressed disappointment over the PTI's initial reluctance to support the bill. He stated that the amendment aimed to "restore the respect and dignity of parliament" and empower the people of the country through their elected representatives.
The 26th Amendment bill has sparked heated debates and strong reactions from lawyers and members of the judiciary, who argue that it undermines the independence of the judiciary. They believe that the amendment allows the executive branch to exert influence over the selection of judges and the Chief Justice, compromising the judiciary's independence and integrity.
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Frequently asked questions
The 26th Amendment to the Constitution of Pakistan is a set of judiciary-oriented constitutional amendments.
The 26th Amendment includes provisions for the tenure and appointment of the Chief Justice of Pakistan (CJP) and the evaluation of judges’ performances.
The 26th Amendment Bill was passed in the early hours of Monday the 21st of October, 2024, with 65 votes in favour and four against.
The 26th Amendment was introduced to "restore the respect and dignity of the parliament as guaranteed by the Constitution of Pakistan" and to empower the parliament.
The 26th Amendment has been criticised by lawyers for dealing a "body blow to Pakistan's democracy and its constitutional order" and for threatening the independence of the judiciary.
