Pakistan Cabinet approves controversial 26th Constitutional Amendment Bill

The coalition government is poised to table the proposed judicial reforms bill in both the Senate and the National Assembly.
Image of the Pakistan flag used for representational purposes only.
Image of the Pakistan flag used for representational purposes only.(Photo | AFP)
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ISLAMABAD: The Pakistan Cabinet approved the proposed draft of the controversial 26th Constitutional Amendment during a meeting chaired by Prime Minister Shehbaz Sharif, following consultations with coalition partners, according to a statement from his office.

The coalition government is poised to table the proposed judicial reforms bill in both the Senate and the National Assembly.

"The federal cabinet has approved the proposed draft of the 26th constitutional amendment of the government and its coalition parties, including the Pakistan Peoples Party," reported Dawn News, citing a statement from the Prime Minister's Office.

Before the cabinet meeting, Prime Minister Shehbaz held detailed discussions with President Asif Ali Zardari regarding the proposed constitutional amendment, during which the president was briefed and consulted, as stated by Express News.

Federal Minister Musadik Malik announced that the government had approved the draft, which was prepared in collaboration with the Pakistan People's Party (PPP) and other coalition partners. The cabinet has now officially endorsed the draft.

The coalition government is optimistic about securing the passage of the much-anticipated 26th Constitutional Amendment in parliament, according to Geo News. A notification from the Senate secretariat confirmed that the upper house session would commence at 3 PM, while the National Assembly session is scheduled to start at 6 PM, as per a separate notification from the NA secretariat.

Strict security arrangements have been made for today's session of the National Assembly, with guest entry strictly prohibited, according to the assembly's spokesperson. On Saturday night, the bill was discussed with PPP Chairman Bilawal Bhutto-Zardari and Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman.

The details of the amendments remain largely undisclosed, as the government has not officially shared them with the media or discussed them publicly. However, it has been reported that the bill's alleged objective is to dilute the power of an independent judiciary.

Reports indicate that the government plans to raise the retirement age for judges and fix the tenure of the Chief Justice of the Supreme Court. A constitutional amendment requires separate passage in both the National Assembly and the Senate, with a two-thirds majority vote.

Previously, the government lacked the necessary numbers in both houses. However, Defence Minister Khawaja Asif has claimed that the government now has the support needed to secure the required numbers.

Maulana Rehman, in a late-night discussion with the media alongside Bilawal, stated that his party would support the 26th constitutional amendment after receiving a response from the Pakistan Tehreek-e-Insaf (PTI) and requested a day for further deliberation. He mentioned that the JUI-F reached a consensus on the constitutional package after the government agreed to remove all parts not acceptable to the party.

Bilawal, who is leading the official effort to garner the necessary numerical strength, expressed his desire for the legislation to occur with the consensus of all political parties.

A common element in the drafts is that the government has abandoned the proposal to create a separate constitutional court. Instead, it has agreed to establish a special constitutional bench within the Supreme Court to address constitutional or political issues.

It has also been reported that the government succeeded in preventing the senior-most judge of the top court from automatically becoming the Chief Justice. A special parliamentary panel is proposed to appoint the Chief Justice from among the three top judges of the court. If passed, this could block Justice Masoor Ali Shah from succeeding the current Chief Justice, Qazi Faez Isa, upon his retirement. Isa is set to retire on 25 October after reaching the age limit of 65 years.

The original proposal to extend the retirement age of judges from 65 to 68 is also not included in the amendment. To succeed, the amendment must be passed before the 25 October deadline to complete the formalities for establishing the special panel.

To pass the amendment, the government requires 224 votes in the 336-member National Assembly and 64 in the Senate. The current coalition strength in the National Assembly is 213, with 52 in the Senate. The JUI-F, with eight members in the NA and five senators, is in a position to play a crucial role.

Rehman can also bring votes from opposition parties, including the jailed former Prime Minister Imran Khan's PTI. The government was previously forced to delay tabling the amendment bill in Parliament last month after its efforts to secure Rehman's support failed.

Meanwhile, following a late-night meeting, the PTI has decided to boycott the session when the amendment is presented. PTI leader Gohar Khan stated that party founder Khan wanted more time and authorised his party to continue engaging with Rehman. Reports suggest that Khan's party is seeking to delay the process until 25 October when Chief Justice Isa retires, as they support Justice Shah for the position.

Additionally, allegations from Khan's party and some other parties claim that their lawmakers are being pressured to support the move. The PTI has claimed it is unable to contact at least two of its senators. However, Defence Minister Asif has rejected allegations of opposition lawmakers being abducted to secure votes for the bill.

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