In a significant development for Pakistan's judicial landscape, the National Assembly has successfully passed the 26th Constitution Amendment Bill, a move hailed as revolutionary by Prime Minister Shehbaz Sharif. This bill is designed to reform the judicial system by placing a cap on the chief justice's tenure to three years, aiming to enhance the efficiency and accountability of the judiciary. The approval came after a heated overnight debate, underscoring the importance and urgency of this legislative action.

The National Assembly voted in favor of the bill during a session that included 336 members, with 225 voting in support. The ruling coalition needed just 224 votes to pass the amendment, highlighting the tight margins that often characterize legislative proceedings in Pakistan. Prior to this, the Senate had also voted overwhelmingly in favor of the amendment, with a 65-4 vote, achieving the necessary two-thirds majority.

Once ratified by both Houses of Parliament, the bill will be sent to the president for approval under Article 75 of the Constitution. This formal step is crucial as it signifies the finalization of the legislative process before becoming law. The bill was presented in the Senate by Law Minister Azam Nazeer Tarar and had been approved by the cabinet after securing consensus among coalition partners. The cabinet emphasized that this decision was made in the "wider interest of the country" and in line with its commitment to national development and public welfare.

Key Features of the Bill

Among its notable provisions, the bill proposes the establishment of a 12-member commission responsible for appointing the chief justice. This new body will consist of the chief justice, the four senior-most judges of the Supreme Court, two senators, and two members from the National Assembly (one from the opposition). This shift aims to eliminate the previous system where judges were appointed by the president on the advice of the prime minister, thereby enhancing transparency and accountability in the judicial appointment process.

Law Minister Tarar expressed optimism that the new commission would facilitate quicker judicial processes and improve the overall functioning of the apex court. He noted that the bill includes 22 clauses of amendments, all of which received unanimous support in the upper house, a testament to the bill's comprehensive nature and the coalition's solidarity on this pivotal issue.

However, the passage of the bill was not without controversy. Pakistan Tehreek-e-Insaf (PTI) leader Ali Zafar vocally opposed the legislation, accusing the ruling party of using coercion to ensure that its members voted in favor of the bill. He claimed that many PTI lawmakers were intimidated and threatened with abduction, compelling them to support the amendment. His allegations highlight the contentious political environment in Pakistan, where power dynamics often lead to accusations of undue influence and manipulation.

The PTI's stance on the bill reflects the broader political tensions in the country, particularly following the party's leadership struggles and controversies surrounding its former head, Imran Khan. Despite the party’s formal decision to boycott the voting process, some PTI senators attended the session to assert their position, illustrating the complexities of intra-party discipline and external pressures.

The Political Landscape

The political maneuvering surrounding the bill's passage also involved discussions between Prime Minister Shehbaz Sharif and former president Asif Ali Zardari, demonstrating the coalition government's efforts to maintain unity and ensure the bill's success. Bilawal Bhutto-Zardari, the head of the Pakistan People's Party, was instrumental in rallying support for the amendment, emphasizing the urgency of the judicial reforms regardless of PTI's participation in the voting process. He asserted that the coalition was committed to moving forward with the legislation, highlighting the critical nature of judicial reforms in Pakistan's governance.

The national assembly session to vote on the bill was marked by heightened security, reflecting the charged political atmosphere and the sensitivity of the discussions. The prohibition on guest entries indicates the government's cautious approach to managing the session's proceedings amidst potential disruptions.

In conclusion, the passage of the 26th Constitution Amendment Bill represents a pivotal moment for Pakistan's judicial system, with the potential to reshape the role and authority of the chief justice in the coming years. The establishment of a 12-member commission for judicial appointments is a notable departure from previous practices, aiming to foster a more transparent and accountable judicial process. As the bill awaits presidential assent, the political landscape in Pakistan continues to evolve, with ongoing debates about the implications of these reforms for governance and rule of law.

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