Following multiple delays and much controversy, the Senate has passed the 26th Constitution Amendment Bill 2024, with members of the House voting in favour of 22 clauses.
The bill is now expected to be passed by the National Assembly to enact it into law.
The bill, better known as the Constitutional Package, is legislation proposing a set of constitutional amendments, including the fixture 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.
Approved by the federal cabinet earlier in the day with the consensus of the government’s coalition partners, the bill was presented in the Senate today by Law Minister Azam Nazeer Tarar.
At the beginning of the session, the law minister presented the bill following which senators delivered their speeches.
Once the bill — containing 22 clauses — was officially tabled, Senate Chairman Yousaf Raza Gilani read out its contents and asked lawmakers to cast their votes.
Following the voting, the constitutional amendment bill was approved by a two-thirds majority.
“Sixty-five members are in favour of the motion regarding the passage of the bill, and four members are against it,” Gilani said. “So, the motion is carried out by the votes of not less than two-thirds of the total membership of the Senate, and consequently, the bill stands passed.”
Senators who refrained from casting votes: 04
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.
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.”
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.
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.
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.”
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.”
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”.
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.”
