Pakistan’s Senate and National Assembly has taken a historic step towards strengthening the country’s judicial framework with the approval of the 26th Constitutional Amendment by the Senate. This landmark legislation introduces 22 pivotal changes, primarily focused on transforming the judiciary into a more transparent, accountable, and efficient institution. The amendment is a culmination of efforts to address long-standing concerns regarding judicial appointments, the scope of judicial powers, and the need for interest-free banking.
The 26th Amendment Is a significant development in Pakistan’s democratic journey, reflecting the nation’s commitment to constitutionalism and the rule of law. This comprehensive overhaul of the judicial system aims to reinforce public trust, promote national stability, and ensure that the judiciary remains an independent and impartial arbiter of justice.
The most recent attempt by Pakistan to strengthen its democratic underpinnings is the 26th Amendment to the Constitution. In light of growing concerns over judicial accountability and openness, this historic law aims to modernize the nation’s legal system. The 26th constitutional amendment is going to shed light on the selection of judges and the establishment of constitutional benches Interest-free loans.
A state of political instability and Military actions and judicial activism has influenced Pakistan’s constitution.There have been periods of military rule, turbulent transitions, and controversial court rulings throughout the nation’s history. The 26th Amendment seeks to resolve these issues by guaranteeing the independence and responsibility of the judiciary.The adoption of this amendment is a reflection of the political parties’ combined efforts to improve stability, governance, and the rule of law in Pakistan.
Key Provisions Of 26th constitutional Amendment
1-Appointment of Chief Justices_:
The amendment abolishes the seniority-based appointment of the Chief Justice of Pakistan. Instead, a parliamentary committee will appoint the Chief Justice from among the three senior-most judges of the Supreme Court.The most significant change was made to Article 175(A), which addresses the selection of judges for the Federal Shariat Court, High Court, and Supreme Court. The advice of a special parliamentary committee composed of the most senior judges will guide the appointment.
2-Judicial Commission_:
A 12-member parliamentary committee will oversee the appointment of judges, ensuring proportional representation from all parliamentary parties.A new special parliamentary committee comprising 8 National Assembly members ,4 Senate members will oversee the appointment process.The clauses of 9-13 and 15-17 of Article 175 (A) will be omitted.
3-Tenure of Chief Justice: The Chief Justice will serve a three-year term, with an upper age limit of 65.
4-Constitutional Benches:
Constitutional benches will be established in the Supreme Court and high courts to hear cases related to the Constitution.
5-Suo Motu Actions:
Another notable change has been made to Article 184, which deals with the apex court’s original jurisdiction, taking away the SC’s suo motu powers.Constitutional benches will have the power to take suo motu actions.Under a tweak to Article 186A, the apex court can now transfer cases from high courts to itself.The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings, pending before any high court to any other high court or to itself clause 2 of Article 185, which deals with the SC’s appellate jurisdiction, an appeal shall lie to the SC from any judgment, decree, final order or sentence of a high court.
6-Interest-Free Banking: The amendment aims to eliminate interest-based banking within three years, with Article 38(f) being amended to achieve this goal by January 1, 2028.
7-Formation Of Constitutional Benches:
According to the amendment to the Pakistani Constitution, one thing is certain: after the law is enforced, a Constitution Bench should be established. These benches will be arranged selectively through the Pakistani Judicial Commission to make a decision based on appealable orders with their registered voters and terms. High court justices selected by the commission will make up the benches, with the senior judge serving as the head. The change is purportedly intended to address complaints of unilateralism, enhance judicial efficiency, accountability, and openness, and advance justice and the need for due process as required by Article 10A of the constitution.
8-Right to Clean Healthy, Environment :
The measure suggests adding a “new Article 9A” to the Constitution. This is how the insertion looks: 9A. Clean and healthy environment – Everyone has the right to live in an environment that is sustainable, clean, and healthy.
Increased accountability and openness are anticipated as a result of the 26th Amendment’s major improvements to Pakistan’s legal system. But because of internal political divisions within parties like the PTI, PMLN, PPP, and JUIF, its implementation might be difficult. The success of the amendment will depend on political parties staying in agreement. Since a long time ago, the provincial bar councils and high court bar organizations have advocated for “improving the criteria and bringing transparency in the appointment process of judges of the Superior Courts and to give Majlis-i-Shoora (Parliament) a meaningful role in the appointment process.” In the statement, it was stated that “the legal community and civil society have consistently demanded the establishment of an effective mechanism for performance evaluation of the high court judges and necessary amendments for their removal from office if found inefficient and failing to discharge their solemn duty to dispense justice to the public.
The 26th Constitutional Amendment marks a significant milestone in Pakistan’s democratic journey. Its successful implementation will depend on the collective efforts of political parties, the judiciary, and the military to prioritize national interests over personal agendas. As Pakistan navigates this critical phase in its constitutional evolution, the international community will be watching closely, eager to see whether this landmark legislation will usher in a new era of stability, transparency, and accountability.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of The Global Dynamic or its editorial team.
