ISLAMABAD, OCT 20: Following multiple delays and much controversy, the Senate has passed the Constitution (26th Amendment) Act, 2024, with members of the House voting in favour of 22 clauses.

The bill, better known as the Consti­tutional Package, is legislation proposing a set of constitutional amendments, including the extension of the chief justice’s term. A special parliamentary committee formed last month — which has the representation of all parties, including the PTI — had been discussing various proposals.

The bill, which was approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, was presented in the Senate today by Law Minister Tarar.

According to a statement from the Prime Minister’s Office (PMO) released in the afternoon today, the cabinet decided to approve the bill “in the wider interest of the country while adhering to the oath of national development and public welfare.”

At the beginning of the session, the law minister presented the bill following which senators delivered their speeches.

Once the bill was officially tabled, Senate Chairman Yousaf Raza Gilani read out the contents of the amendment bills and asked lawmakers to cast their votes.

Speaking about speculations regarding the extension of the chief justice’s tenure in the Constitutional Package, Tarar clarified that Chief Justice Qazi Faez Isa was not interested in any extension.

“During the three meetings that I had with the top judge, he reiterated his disinterest in the extension of his tenure, saying that any amendments would come into effect after his retirement,” Tarar said.

Before the Senate session, the law minister also addressed a press conference at Parliament House, flanked by Information Minister Attaullah Tarar. During the presser, he outlined the contents of the bill and said that a constitutional bench would be formed by a judicial commission led by the Chief Justice of Pakistan (CJP).

“Before the 18th Amendment, judges were appointed by the President on the advice of the PM,” Tarar said.

“This ‘new-face’ commission will be made up of the CJP, four of the senior-most Supreme Court judges, two senators and two MNAs — one of each will be from the opposition,” the law minister said. “We are aiming to achieve a broader consensus with this commission,” he added.

The minister said that he and the attorney general will also be a part of the commission.

“Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”

In terms of the provincial judiciary, Tarar also said a performance evaluation system was being introduced to assess the performance of judges.

“People complain that their cases are pending for up to 10 years,” he said. “This judicial commission needs to enforce a nationwide standard, so the performance of high court judges will be evaluated.”

Tarar continued: “We need to appreciate the judges who perform well, but in the past, we have received complaints that after confirmation, their work is inadequate. We need to ensure that taxpayers’ money is being well spent, and when the judiciary is receiving such perks, we expect results.

“Cases where there is inefficiency will be referred to the Supreme Judicial Council,” he added.

PTI says ‘no objection’ to draft but decides not to vote

Meanwhile, the PTI, according to a statement released by its media cell, said that the party’s political committee has decided to boycott the voting process in both houses of the parliament, in case the government tabled the constitutional amendments today.

PTI chairman Barrister Gohar Ali Khan, flanked by the JUI-F Chief Maulana Fazlur Rehman as the two held a press conference outside the latter’s residence, said that the party had “no objections” to the final draft, but will not vote on the bill when it is presented in parliament.

“Our leader Imran Khan will always have the final say on party decisions, so we act on his instructions and recommendations,” the PTI chairman said.

“He instructed us to have more consultations before voting since this legislation is so serious.

“Given that we have no time for further consultations, as well as all the delays, how the bill was processed and how our MNAs and senators were harassed and intimidated, the PTI cannot vote for this bill,” Gohar declared.

Expressing gratitude to the JUI-F chief for his role in the process, Gohar said that the party will attend parliament today and has “no objections” if Fazl votes on the bill. He also demanded “the return” of PTI lawmakers who have been allegedly abducted.

“We will deliver a speech on the assembly floor, but we will not vote on the 26th amendment.”

The PTI has the right to not vote: Fazl

Addressing the press conference, Fazl said that he had no objections to the PTI’s decision to not vote on the bill, saying that “it is their right”.

“We have reached a consensus with the PTI, but given their condition and what they have been through, it is their right to boycott the vote,” Fazl said, referring to the allegations of intimidation and the conditions in which Imran Khan has been incarcerated.

“We have made efforts, but if a party has a strong position, we will accept that,” he added.

Will move forward with or without PTI: Bilawal

PPP Chairman Bilawal Bhutto-Zardari said that the government will move forward with the amendment whether the PTI voted in favour of it or not.

“We have waited for as long as we could, and today, under any circumstance, this work will be completed,” Bilawal said while speaking to reports at the Senate.

Bilawal said that he had hoped the bill was passed with the joint consensus of JUI-F, and, “god willing, that will happen today”.

He said that he was disappointed with the PTI’s stance, adding that he was hopeful that the party would still agree to be a part of the constitutional amendment.

Politics is not a dirty word: Sherry Rehman

Meanwhile, PPP Vice President and Senator Sherry Rehman said that the said amendment was not an attack on any institution.

“Chairman Bilawal Bhutto-Zardari has demonstrated exemplary leadership throughout this process by ensuring the inclusion of lawyers and civil society, thereby broadening the scope of consultation,” she said.

“Put your hand on your heart and tell me, has our judicial system not broken down?” She emphasised that the Parliament had the right to enact transparent legislation for the benefit of the country.

Senator Rehman also criticised the PTI for not presenting its recommendations to the parliamentary committee.

“PTI did not present its recommendations. They were elected to come to the committee and present their case, but they chose not to.”

PTI must move toward pro-people legislation: MQM

Meanwhile, MQM-P Senator Faisal Subzwari during his speech requested the PTI to carefully review the draft and suggest amendments, urging the party to move towards “pro-people legislation.”

“We will continue our efforts to add pro-people amendments to the Constitution and devise pro-people legislation,” he said. “The legislation in process today is the right of the parliament, therefore, we stand by the parliament.”

JUI-P senator laments ‘lack of trust’ in system

Delivering a fiery address in the Senate, JUI-P Senator Attaul Rehman said that the nation “does not have trust in the system” and that parliament needs it to function.

“People are getting pressured, abducted, and nobody is saying anything,” he lamented.

“We need to be united for the country to make sure this amendment goes through. If the role of the three branches (executive, judiciary and legislature) is hampered, then democracy cannot work.”

He added that the public does not want amendments that do not benefit them, “let alone those processed with abductions, secrecy and pressure”.

Reactions to amendments

PTI leader Hammad Azhar termed the amendment “a death blow to the independence of the judiciary”, explaining how giving the power to appoint judges to the top and high courts to the government would politicise the judiciary.

On the other end of the spectrum, PPP leader Shazia Marri called the passing of the amendment “fulfilment of a promise made in the charter of democracy signed between former prime ministers Benazir Bhutto and Nawaz Sharif in 2006.”

PTI leader Salman Akram Raja called the moment the “bleakest in our parliament’s history”, terming it a handover of the control of the judiciary to the executive by the parliament.

Lawyer Khadija Siddiqui said, “unprecedented circumstances where a draft was approved in complete clandestinity & secrecy.”

More to follow

ISLAMABAD, OCT 20: Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan reiterated on Sunday that his party will not vote on the constitutional amendment.

Speaking to the media flanked by JUI-F chief Maulana Fazlur Rehman, Khan said: “We have made considerations on the draft proposed by the government. We understand the matters pertaining to the constitutional amendment with depth.”

“Bringing the amendment in the constitution is a serious matter,” he added.

Acknowledging the role of Rehman, Khan said: “We would like to express our gratitude to Fazlur Rehman on behalf of the PTI.”

“Maulana Fazlur Rehman has shown great tolerance,” he added.

“It is been while that we are meeting with Maulana Fazlur Rehman,” he stated.

Read Also: ‘Govt wants to take Fazlur Rehman on board over constitutional amendment’

Meanwhile, expressing his thoughts, Rehman said, “We have agreed on the constitutional package. I had made a principled stance in the assembly. The constitution does not belong to any single entity, but to the to the masses.”

“It is the PTI’s fundamental right to disagree over the constitutional amendment, which we support,” he added.

“There has been no tussle over the draft of the bill,” he added.

– JI’s stance on constitutional package –

Earlier, in the wee hours of Sunday, Jamaat-e-Islami (JI) Emir Hafiz Naeemur Rehman said on Sunday that the nation will not accept ‘any deal’ between the government and opposition on the constitutional amendment.

Taking to X (formerly Twitter) in the wee hours, Rehman said: “If the pressure is being mounted on the lawmakers, then their names should be surfaced and appear before the apex court.”

“The political parties want to save themselves by spreading chaos in the country,” Rehman added.

He maintained: “The JI was asking the opposition to not become part of this process.”

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. 

ISLAMABAD, OCT 20: The ruling coalition government is highly optimistic about getting the much-anticipated 26th Constitutional Amendment passed in parliament as the draft of the judicial package was approved by the federal cabinet on Sunday.

The ruling coalition is set to table the proposed judicial reforms in the Senate and the National Assembly in today’s sessions.

After numerous political twists and turns, the government and opposition members agreed on a joint draft of the 26th Constitutional Amendment.

However, the politicos 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 Pakistan Tehreek-e-Insaf (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.

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.

‘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.

ANKARA, 20 OCT: /DNA/ – On invitation of President Erdogan’s AK Party, Mushahid Hussain Sayed gave Keynote Address at the ‘Global Palestine Conference’ held here at the Turkish capital, where he presented a 3-point Action Plan. President Erdogan was Chief Guest on the occasion.

Mushahid Hussain, who is Member of Executive Board of the Istanbul-based ‘Al Quds Parliament’, as well as Co-Chairman of International Conference of Asian Political Parties (ICAPP), hailed the resistance of Hamas, Hizbullah and Iran to Israeli aggression and Zionist expansionism, terming these as exemplary models of ‘Might is not Right, but Right is Might’. During his speech, Mushahid Hussain appreciated the leadership role of President Erdogan, terming him as the ‘Lion of the Muslim World’, and congratulated him on his victory in the Turkish Presidential elections.

Condemning Israel for committing  the first televised genocide in history, Mushahid also condemned Western double standards and absence of morality as they were actively aiding and abetting Israeli crimes, he added ‘most of the Muslim regimes have also failed to rise to the occasion due to either fear or expediency’. Presenting his Action Plan before the gathering of some 1000 guests from over 50 countries, Mushahid said the first step should be for President Erdogan to take the lead and constitute an International Leaders Delegation, comprising leaders from the Global South, including Pakistan, Indonesia, Malaysia, South Africa, Algeria and Brazil, who should visit Washington immediately after the November 5 US Presidential polls to meet the American President-elect, and urge the new US President to reverse the one-sided American policy of blatantly supporting Israel.

He said Muslim leaders must move beyond talk and words by taking concrete actions. Second, given their strong Navies, Turkiye, Pakistan and Indonesia should form a Joint Naval Flotilla for Peace & Humanitarian Assistance, to help break the Israeli blockade of Gaza after getting authorisation from the UN General Assembly. The Naval Flotilla should carry medicine, food and relief goods to alleviate the sufferings of the Palestinians besieged in Gaza, terming it the ‘world’s largest open air prison’.

This will send a powerful and positive message to the oppressed Palestinian people that the Muslim Ummah is not an impotent entity, rather it has the vision and political will to undertake concrete initiatives. Third, recalling the joint initiative of President Erdogan and Malaysian Prime Minister Dr Mahathir in 2019 to launch a Global Media Initiative to represent the Muslim Ummah in the ‘battle of ideas and narratives’, Mushahid said ‘now is the right time and opportunity for such an initiative as the Gaza Genocide has demonstrated how biased and one-sided the Western media has been in the current crisis’. He said journalists, intellectuals, academics, and think tanks could be powerful instruments in the ‘Battle of Ideas’ crafting and presenting narratives based on truth and facts, while representing the popular aspirations of the Global South in general and Muslim World in particular on such issues as Palestine, Kashmir, Islamophobia, and Rohingya.

He said such Global Media Initiative would play an important role in helping to prepare the ground for an alternative emerging equitable global order based justice and rule of law which should start by rejection of all types of  hegemony, global or regional. He added that sacrifices of people of Palestine and Lebanon and blood of the martyrs of Palestine and Kashmir would not go in vain.He concluded his very well-received speech with a reference to the Latin maxim, ‘Carpe Diem’ (Seize the Moment).

ISLAMABAD, OCT 19 /DNA/ – Chairman Pakistan Peoples Party (PPP), Bilawal Bhutto Zardari, speaking to the media today, said he has maintained constant engagement with JUI-F chief Maulana Fazal ur Rehman regarding the constitutional amendments.

Chairman Bilawal stated that following discussions in Karachi, there is complete agreement between the PPP and JUI on the content of the legislation linked to judicial reforms. During today’s meeting with Maulana Fazal ur Rehman, Chairman Bilawal expressed his desire for the JUI chief to present the legislation in Parliament, stressing that the draft is as much JUI’s as it is PPP’s. The discussion, which initially focused on forming a constitutional court, has concluded with consensus on establishing constitutional benches. The aim is to strengthen Parliament by reversing the 19th Amendment.

Chairman Bilawal clarified that the draft aligns with Maulana Fazal ur Rehman’s proposals and addressed misconceptions that the PPP or JUI have compromised their principles. The draft reflects the consensus on judicial reforms and also includes Maulana Fazal ur Rehman’s demands as per his manifesto, particularly regarding interest and the Council of Islamic Ideology.

Chairman Bilawal also mentioned that the meeting with the PTI’s founding leader, previously discussed between PTI and Maulana Fazal ur Rehman, has now taken place. He believes Maulana Fazal ur Rehman will engage with PTI to gather their input, with the expectation that PTI will support the draft since it contains no provisions objectionable to them. He stated that PTI must now demonstrate its commitment to the political process, emphasising that success in politics comes through compromise and consensus.

Chairman Bilawal further remarked that neither the PPP nor Maulana Fazal ur Rehman bear responsibility going forward, having left no stone unturned politically. The onus now is on the PTI. He underscored that the Constitution, passed down by their elders, is why both PPP and Maulana Fazal ur Rehman have worked tirelessly on this legislation. He stressed that it should not be viewed as a government bill, and it would be a political victory for all democratic forces if Maulana Fazal ur Rehman presents the bill, which protects both democracy and the Constitution, and it is passed.

Chairman Bilawal said that passing the amendment by consensus would be akin to the triumphs of the 18th Amendment and the 1973 Constitution. However, passing it by majority without consensus would be a setback. He noted that the government has shown great patience. He hoped that the PTI would learn from Maulana Fazal ur Rehman’s experience and political acumen. If PTI pursues an alternative path, the responsibility will rest on them, Chairman PPP said.