The 26th Constitutional Amendment has introduced major reforms, reshaping the judiciary in Pakistan. The amendment outlines significant changes, including the appointment procedure and tenure of the Chief Justice of Pakistan (CJP).
The newly passed 27-point amendment includes 22 provisions from the government and 5 proposed by the Jamiat Ulema-e-Islam (JUI). Here are the key details:
Chief Justice Appointment
The Chief Justice of Pakistan will now be appointed by a 12-member parliamentary committee of 8 members from the National Assembly and 4 from the Senate.
The committee will select one of the three most senior judges of the Supreme Court to be the Chief Justice. The selection process requires a two-thirds majority vote, ensuring broad consensus.
If the appointed judge reaches the age of 65 before completing the fixed three-year term, they will retire at that point. The change was made through an amendment to Article 179, which previously only outlined the retirement age.
Judicial Reforms
The creation of constitutional benches in the Supreme Court has been enshrined through the introduction of Article 191A. These benches, composed of senior judges, will exclusively hear constitutional matters, appeals, and suo motu cases. The judicial commission will determine the number of judges to form the bench, and each province will have equal representation as much as possible.
The amendment also introduces a similar system of constitutional benches in High Courts, though the creation of these benches will depend on provincial legislation. Moreover, High Courts will no longer have the authority to take suo motu notices.
Judicial Commission and Other Changes
The Judicial Commission remains intact, with four members of parliament and a representative from civil society added to the structure. A new provision allows the Speaker of the National Assembly to nominate a woman or non-Muslim member to the commission for a two-year term.
Additionally, the power of the judiciary to issue any order for complete justice under Article 187 has been limited. The judiciary can now only issue orders within the constitutional framework.
The ruling rainbow coalition termed the amendment as a significant shift in how the judiciary operates, with increased parliamentary oversight.
