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Friday, October 18, 2024  
15 Rabi Al-Akhar 1446  

Full text: Draft of 26th constitutional amendment approved in committee

Special parliamentary committee meeting finalised a draft consisting of 11 pages
An AI generated image.
An AI generated image.

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).

 A screenshot of page one of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page one of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page two of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page two of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

Moreover, the proposal includes the inclusion of the chief justice along with four senior-most judges of the Supreme Court in the judicial commission, as well as two members each from the National Assembly and the Senate.

 A screenshot of page three of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page three of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page four of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page four of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

The law minister, the attorney general for Pakistan, and a nominee from the Pakistan Bar Council will also be members of the commission, with one member each from the National Assembly and the Senate representing both the government and the opposition.

 A screenshot of page five of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page five of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page six of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page six of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

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

 A screenshot of page seven of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page seven of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page eight of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page eight of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

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.

 A screenshot of page nine of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page nine of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page 10 of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page 10 of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

 A screenshot of page eleven of the draft of a constitutional amendment approved in the special committee on October 18, 2024.
A screenshot of page eleven of the draft of a constitutional amendment approved in the special committee on October 18, 2024.

It has been proposed that the constitutional benches will hold the power of suo motu jurisdiction under Article 184 (original jurisdiction of Supreme Court). Additionally, cases related to the interpretation of the Constitution will fall within the jurisdiction of the constitutional benches as outlined in Article 185 (appellate jurisdiction of Supreme Court).

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constitutional amendment

Constitution of Pakistan