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Pakistan’s 26th Constitutional Amendment Approved, Reshaping Judiciary Powers

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Earlier today, the 26th Constitutional Amendment was officially enacted after both houses of Parliament approved it and President Asif Ali Zardari granted his assent on Monday.

In a significant move for Pakistani politics, the ruling coalition managed to pass the much-anticipated ‘Constitutional Package’ during a “working weekend,” achieving a two-thirds majority in both the Senate and the National Assembly.

This amendment primarily addressed judicial reforms, including the removal of the Supreme Court’s suo motu powers, establishing a three-year term for the Chief Justice of Pakistan (CJP), and allowing the Prime Minister to appoint the next CJP from among the three most senior Supreme Court judges.

The Senate approved the bill, which includes 22 clauses, with a two-thirds majority on Sunday, followed by the National Assembly’s approval early Monday, where the bill was expanded to 27 clauses incorporating Senate suggestions.

Prime Minister Shehbaz Sharif then recommended that President Zardari authorize the new law titled ‘The Constitution (26th Amendment) Act, 2024.’

A notification from the National Assembly’s secretariat confirmed the President’s assent on October 21, 2024.

State broadcaster PTV News announced that the amendment stipulates the new chief justice will be chosen by a parliamentary committee based on recommendations from the three senior Supreme Court judges.

Following the passage of the bill, PM Shehbaz hailed it as a “historical achievement,” while other officials, including Interior Minister Mohsin Naqvi and Punjab Chief Minister Maryam Nawaz, expressed pride in the legislation, stating it reinforces parliamentary sovereignty and ensures quicker justice through vital reforms.

However, the PTI party criticized lawmakers who supported the amendment, accusing them of betraying their mandate. Protests were planned against members who defied party lines, and PTI MNA Zain Qureshi distanced himself from any vote for the amendment, reaffirming his loyalty to Imran Khan.

In voting, the Senate recorded 65 votes in favor, slightly exceeding the two-thirds requirement, while the National Assembly needed 224 votes, ultimately securing 225. Twelve members opposed the amendment and walked out during the vote.

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