The draft of the constitutional amendments approved by the parliamentary special committee has been revealed.

PPP Chairman Bilawal Bhutto also confirmed that a consensus has been reached on the tweaks to the law while PTI chief Gohar Ali Khan claimed that the draft was the same that the party had reached a consensus on with JUI-F chief Maulana Fazlur Rehman.

Following a consensus during the committee meeting on Friday, an 11-page draft has been finalised. The constitutional amendment has been named the “26th Amendment Act 2024.”

The proposed constitutional draft includes the addition of Article 9A (clean and healthy environment) and amendments to Articles 38 (promotion of social and economic well-being of the people), 48 (president to act on advice, etc), and 81 (expenditure charged upon Federal Consolidated Fund) of the Constitution.

According to the proposed amendment, no court will be able to question the recommendations sent to the president or the prime minister by the cabinet. The draft also includes a proposal to increase the number of members in the Judicial Commission of Pakistan by amending Article 175A (appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court).

According to the consensus draft, the Supreme Judicial Commission will include the chief justice, four senior judges from the Supreme Court and four members of Parliament. Among these, one senator and one member of the National Assembly will be nominated by the PM while another senator and another member will be nominated by the leader of the Opposition in the National Assembly.

The draft also suggests that the parliamentary committee responsible for judicial appointments will consist of 12 members, with eight from the National Assembly and four from the Senate.

Furthermore, instead of directly appointing a senior judge as chief justice of the Supreme Court, the proposal states that three names will be submitted to the parliamentary committee. This 12-member committee will recommend one of these names for the chief justice position. Subsequently, the prime minister will advise the President to issue a notification regarding the appointment.

The proposed draft also states that the term for the chief justice will be three years. If a Chief Justice reaches retirement age of 65 during this period, they will still be considered to have served a full three-year term.

Moreover, the draft outlines that if a high court judge’s performance is deemed unsatisfactory, the Supreme Judicial Council will provide the judge with an opportunity to improve. If the judge fails to enhance their performance within the designated timeframe, the matter will be addressed by the Supreme Judicial Council.

Furthermore, the agreement reached by the special parliamentary committee indicates that the Judicial Council can establish separate rules and regulations to evaluate the performance of judges.

The proposed draft suggests an amendment to Sub-clause 3 of Section 184 regarding the Supreme Court’s power to take suo motu notices. It states that the Supreme Court will not have the authority to take notice of any matter or to issue directions to any institution.

It further specifies that a three-member committee of Supreme Court judges, established under the Practice and Procedure Act, will make decisions regarding whether or not to take notice of a case.

The new draft of the proposed 26th constitutional amendment comprises 26 amendments. It also suggests the establishment of constitutional bench.

The proposed amendment also allows the SC to transfer cases from one high court to another if it believes that justice is not being served in an ongoing case.

Furthermore, the new draft proposes an amendment to Clause 1 of Article 199 of the Constitution, now referred to as Clause 1A, which pertains to the high court’s power to take suo motu notices.

The proposed amendment states that the high court shall not have the authority to take suo motu notices on any matter or issue directives to any institution.

It added that the judicial commission would determine the number of constitutional benches and judges, ensuring that, where possible, equal representation of judges from all provinces is maintained in the constitutional benches.

Additionally, an amendment to Article 203D of the Constitution has been proposed, mandating that any appeal must be resolved by the relevant high court within 12 months.

The special parliamentary committee’s consensus draft regarding the 26th amendment includes a proposal to add Article 191A to the Constitution, which pertains to the formation of constitutional benches.

This article suggests that the Supreme Judicial Commission will determine the number and duration of these constitutional benches, ensuring equal representation of judges from all provinces within them.

The proposed amendment stipulates that the powers held by a constitutional bench cannot be delegated to any other bench.

Additionally, the amendment states that the proceedings of the Judicial Commission related to the appointment of judges will be conducted in camera, although a record of these proceedings will be maintained.