A draft of proposed constitutional amendments, approved by a special parliamentary committee, has been released. The 11-page document, titled the “26th Amendment Act 2024” was finalized after a unanimous decision in the committee’s meeting.

The proposed amendments, numbering 26 in total, significantly alter the structure and powers of the Supreme Court and the appointment process of the Chief Justice of Pakistan (CJP).

Key features of the draft include:

Establishment of Constitutional Benches: The Supreme Court will establish constitutional benches to hear specific cases. These benches will have an equal number of judges from each province. Crucially, these benches, not the CJP individually, will have the power to take suo moto notice (self-initiated action). Cases related to the interpretation of the constitution will fall under their jurisdiction. Each bench will comprise at least five judges, with appointments made by a committee of the three most senior judges.

Appointment of the Chief Justice: The CJP will be appointed by a 12-member parliamentary committee (eight members from the National Assembly and four from the Senate). The selection will be from among the three most senior judges of the Supreme Court. The CJP’s term will be three years, with a retirement age of 65. The Supreme Court will no longer be able to issue directives or declarations independently.

Judicial Commission Restructuring: The Judicial Commission will be reconstituted, including the CJP, four senior-most judges, the Law Minister, the Attorney General, a representative from the Pakistan Bar Council, and two members each from the ruling and opposition parties in both the National Assembly and the Senate. Recommendations sent to the President or Prime Minister by the Cabinet will not be challengeable in court.

The release of this draft marks a significant development in Pakistan’s ongoing constitutional and judicial reforms. The amendments are expected to face further parliamentary scrutiny and debate before becoming law.