On Monday, President Asif Ali Zardari officially signed the 26th Constitutional Amendment Bill into law, following the recommendation of Prime Minister Shehbaz Sharif. This crucial legislative step comes after the bill garnered approval from both houses of Parliament, achieving a two-thirds majority in the National Assembly and Senate. The amendment introduces pivotal judicial reforms that have sparked significant controversy, particularly from the Pakistan Tehreek-e-Insaf (PTI), which chose to boycott the voting process.
One of the most notable changes instituted by the new legislation is the establishment of a fixed three-year term for the Chief Justice of Pakistan (CJP). This appointment will now be managed by a parliamentary committee, which is a shift from previous practices. Additionally, the amendment creates new constitutional benches within the Supreme Court and high courts, each presided over by the most senior judge on the bench, thereby aiming to enhance the efficiency and accountability of the judiciary.
The ruling coalition demonstrated substantial support, securing 225 votes in the National Assembly and 65 in the Senate, aided by independent lawmakers and members of the Jamiat Ulema-e-Islam-Fazl (JUI-F). Although the bill was initially scheduled for an early morning signing ceremony, it was later postponed.
Key components of the amendment include a streamlined process for selecting the CJP from a panel of the three most senior judges, with final approval resting with the president after consulting the prime minister. Furthermore, the Judicial Commission of Pakistan (JCP), chaired by the CJP, will oversee the appointment and performance evaluations of judges. Notably, the legislation also aims for the complete eradication of riba (interest) from Pakistan’s financial system by January 1, 2028.
This significant reform package marks a pivotal moment in Pakistan’s judicial history, despite ongoing opposition from the PTI regarding these changes. The implications of these reforms will likely be felt across the legal landscape, influencing the relationship between the judiciary and the legislative branches of government.
