ISLAMABAD: The long-awaited 26th Amendment Bill, aimed at enforcing judicial reforms that have been a bone of contention between the government and the opposition, especially the Pakistan Tehreek-e-Insaf (PTI), was finally introduced in the Senate on Sunday evening after weeks of political wrangling.
The bill was tabled hours after the federal cabinet approved the draft amendments after hanging in balance for weeks.
The political leaders continued to hold consultations on the constitutional tweaks till late Saturday night, with uncertainty regarding the tabling of the draft due to severe opposition from the PTI.
The coalition government was initially set to present the legislation yesterday but decided to defer it at the request of the Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman who said that his party would be able to cast its votes in favour of the 26th constitutional amendment after receiving a response from the PTI.
The former ruling party has time again expressed concerns over the prospective judiciary-oriented legislation provisioning a fixed three-year term of the Chief Justice of Pakistan (CJP), establishment of constitutional benches, restructuring of the Supreme Judicial Council, and the formation of a Special Parliamentary Committee which will suggest names from amongst the three most senior judges of the apex court for the CJP’s appointment.
Addressing the Senate session, Federal Minster for Law Azam Nazeer Tarar said that the government’s allied parties and Jamiat Ulema-e-Islam-Fazl (JUI-F) reached a consensus on the draft of the constitutional amendment bill.
As part of the government’s efforts, a special parliamentary committee comprising representatives of all the political parties discussed the proposed constitutional package.
The law minister, speaking on the floor of the Upper House, requested Senate Chairman Yusuf Raza Gilani to allow him to table the draft of the 26th Amendment Bill.
He pleaded with the chairman that the proposed amendments should be tabled in the House as a supplementary agenda. He informed the House that the procedure to appoint judges had been changed in the 18th Amendment.
PTI to not vote on constitutional amendment
Today, the parliamentary committee of PTI announced boycotting the voting process but soon backtracked as Chairman Barrister Gohar said that the party lawmakers would go to the [parliament] floor.
However, later, while speaking to journalists along with Fazl, PTI Chairman Gohar said that his party would not vote for the proposed constitutional amendment in the parliament.
“The party will abstain from voting and present its stance while sitting in the parliament,” Barrister Gohar said. He also lauded Maulana Fazl for his support in opposing the constitutional package.
“Imran Khan will always have the final say on party decisions, so we take every instructions from him,” the PTI chairman said.
He noted that the PTI founder had instructed them to have “more consultations since this legislation is so serious”.
“Given that we have no time for further consultations, and how the bill was processed and how our parliamentarians were harassed, the PTI cannot vote for this bill,” he announced.
Furthermore, he said the party has “no objections” if Fazl votes on the bill.
For his part, the JUI-F chief said they have “defanged the black snake overall” as he referred to the draft of constitutional amendments. He noted that the bill, which they had rejected, has been tweaked.
“PTI has no objection to the content,” Fazl said, noting that they can’t force “any political party” to vote for the amendment. He added that PTI has every right to oppose after “what the party and its founder suffered”.
In response to a question, he said they have agreed on a constitutional package “but not on its details”.
‘Cabinet made excellent decision’: PM
Prime Minister Shehbaz Sharif, after the federal cabinet’s go-ahead, hailed the decision as a major achievement for Pakistan’s development and progress.
“The cabinet has made an excellent decision for the development, prosperity and the betterment of the country’s overall situation,” said the PM while addressing the cabinet session.
He congratulated the nation on the approval the 26th Amendment, emphasising that it was made in the larger national interest.
He also reiterated the government’s commitment to public welfare and the constitutional integrity of the country. “By the grace of Allah, after stabilising the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan,” he said.
Looking ahead, the premier assured that the government would continue working diligently for the country’s development, prosperity, and stability in line with the promises made to the people, he affirmed.
What is Constitutional Amendment?
The judiciary-oriented constitutional package proposed a set of constitutional amendments, including provisioning a fixed three-year term of the CJP.
A special parliamentary committee — which has the representation of all political parties — has been discussing various proposals, including the establishment of constitutional benches, restructuring of the Supreme Judicial Council, and the formation of a Special Parliamentary Committee which will suggest names from amongst the three most senior judges of the apex court for the CJP’s appointment.
Here are the points of the tabled draft.
