ISLAMABAD, OCT 21: The 26th Constitutional Amendment, which became law earlier today after the approval of both houses of the Parliament, was given assent by President Asif Ali Zardari on Monday.
Pakistani politics saw a second “working weekend” in as many months, where the ruling coalition finally succeeded in passing the much-touted ‘Constitutional Package’ with a two-thirds majority in both the Senate and the National Assembly.
The 26th Amendment brings changes to the Constitution, most of which pertain to the judiciary. Some main reforms include taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.
On Sunday, the bill, which had 22 clauses, was greenlit by the Senate with a two-thirds majority. Then, during a session that began late on Sunday night and continued past 5am on Monday, the NA also passed it with a two-thirds majority. The NA-approved version had 27 clauses after incorporating suggestions made by the Senate.
Following the conclusion of parliamentary procedures, Prime Minister Shehbaz Sharif, according to Radio Pakistan, sent his advice to President Zardari for his assent on the newly enacted law — titled ‘The Constitution (26th Amendment) Act, 2024’.
An NA secretariat notification published in the Gazette today, a copy of which is available with Dawn.com, read that the Act with 27 clauses “received the assent of the President on the 21st October, 2024”.
In a statement shared on its X account, state broadcaster PTV News said: “According to the Constitutional Amendment, the new chief justice will be appointed by the parliamentary committee.
“The federal government has decided to constitute the parliamentary committee to appoint the chief justice,” it added.
Under the Amendment, the country’s top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” Supreme Court judges.
‘Parliamentary sovereignty reinforced’: Govt hails tweaks
Following the passage of the bill in the NA, PM Shehbaz delivered a speech, wherein he congratulated the parliament for the “historical achievement”.
Interior Minister Mohsin Naqvi, in a statement reported by PTV News, also congratulated the nation, saying that Maulana Fazlur Rehman’s “positive and historical role” in the process would always be remembered.
“Parliamentary sovereignty reinforced”, Information Minister Attaullah Tarar wrote on X after the passage of the 26th Amendment.
Punjab Chief Minister Maryam Nawaz termed the legislation “clear message that the voice of the masses was paramount”, according to PTV News.
She added that the Amendment would ensure “speedy justice” by opening the path to “positive reforms”.
MNA Aseefa Bhutto-Zardari appreciated the dedication of her brother, PPP Chairman Bilawal Bhutto-Zardari, to “ensuring the 26th Amendment pass[ed] successfully with consensus”.
“He has proven yet again to be a leader willing to compromise for the betterment of Pakistan. His belief in the Constitution of Pakistan and his commitment to strengthening it is unmatched,” Aseefa said in a post on X.
PTI assails ‘conscience of turncoats’
The PTI assailed the “conscience” of lawmakers affiliated with it who voted in favour of the Amendment.
“They won votes on Imran Khan’s name and sold their vote to the same mafia against whom the public gave them the mandate!” the party said on its X account, sharing pictures of the said lawmakers and terming them “seditious”.
“These conscience-sellers would be counted among the darkest characters in Pakistan’s history,” it added.
Well before the 26th Amendment was put to vote in Senate, the PTI announced it would hold protests outside the residences of those who would defy party policy by voting in the legislation’s favour.
Separately, PTI MNA Zain Qureshi, the son of former foreign minister Shah Mahmood Qureshi, denied rumours that he voted in favour of the Amendment.
“I completely condemn and deny this,” Qureshi said in a video message posted on X, adding that he wanted to ensure the PTI members, the people of his constituency and his family that he “couldn’t even imagine” voting for the Amendment.
Qureshi specified that he recorded the video before the lower house of the parliament voted on the Act, asserting that he always stood by party policies.
“I was with Imran Khan yesterday, I am with Imran Khan today and I will stand with Imran until I die,” the MNA said.
Senate, NA votes
The bill, tabled by Law Minister Azam Nazeer Tarar was approved by the Senate with 65 votes — one more than required for a two-thirds majority.
These included 23 votes from the PPP, 19 from the PML-N, and five from the Jamiat Ulema-i-Islam-Fazl (JUI-F), as well as two from Balochistan National Party-Mengal (BNP-M) senators Muhammad Qasim and Naseema Ehsan, who voted against party lines.
Four and three senators of coalition partners Balochistan Awami Party (BAP) and the Muttahida Qaumi Movement-Pakistan (MQM-P), respectively, also voted for the bill. They were joined by three senators from the Awami National Party (ANP), one National Party and PML-Q senator each, and four independent senators — namely ex-caretaker PM Anwaarul Haq Kakar, Interior Minister Mohsin Naqvi, Faisal Vawda, and Abdul Qadir.
This image shows votes in the Senate in favour of the 26th Amendment. — Dawn.com
In the National Assembly, where the government required 224 votes to pass the bill, the amendment was voted for by 225 members. Twelve members from the PTI and the Sunni-Ittehad Council (SIC) opposed it, and walked out of the NA during the voting.
While the ruling coalition parties contributed 211 votes, eight votes came from the JUI-F and six from independent and PTI-backed candidates.
The PTI-backed independent members included Usman Ali, Aurangzeb Khichi, Mubarak Zeb, and Zahoor Qureshi, who voted in favour of the bill along with PML-Q’s Chaudhry Ilyas.
