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Monday, October 21, 2024  
17 Rabi Al-Akhar 1446  
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Federal cabinet finally gives nod to 26th constitutional amendment draft

It is expected to be table in Senate
Prime Minister Shehbaz Sharif presides over the federal cabinet meeting on October 20, 2024. PID
Prime Minister Shehbaz Sharif presides over the federal cabinet meeting on October 20, 2024. PID

The federal cabinet finally approved on Sunday the 26th constitutional amendment draft, which when approved would bring judicial reforms in the country including increasing the tenure of the chief justice of Pakistan.

The long-sought approval means the ruling coalition has mustered enough votes to pass the constitutional amendment. The government needs 224 votes out of a total of 336 members.

It would soon be tabled in the Senate which was scheduled to meet at 3pm.

“Congratulations,” PPP Chairman Bilawal Bhutto Zardari told reporters after the development and thanked JUI-F chief Maulana Fazlur Rehman for his support.

“There is nothing controversial in the bill,” he said as many legal experts had expressed concerns over the legislation.

Earlier, Adviser to the PM on Political Affairs Rana Sanaullah said that the constitutional amendment would be passed on Sunday (today) at all costs.

Information Minister Attaullah Tarar had claimed that the government has “Plan B and Plan C” up their sleeves to pass the bill.

Described as the 26th constitutional amendment, the legislation aims to change the process of appointments of the chief justice of the Supreme Court.

A special parliamentary committee made a major breakthrough in the draft of the legislation as panel head Khursheed Shah announced that the committee has “unanimously” approved the draft.

The proposed draft also states that the term for the chief justice will be three years. If a Chief Justice reaches the 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.

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

How many votes needed to pass constitutional amendment

The government aims to introduce the “constitutional package” —that aims to fix the chief justice of Pakistan’s tenure at three years—which requires a two-thirds majority in the lower house of Parliament, amounting to 224 votes out of a total of 336 members.

There are 312 members present in the National Assembly, with 24 seats—including those reserved for women and minorities—either disputed or vacant, pending notification.

The government’s strength stands at 213 members, comprising 111 from the Pakistan Muslim League-Nawaz, 68 from the Pakistan Peoples Party, 22 from the Muttahida Qaumi Movement-Pakistan, five from the Pakistan Muslim League-Q, four from the Istehkam-i-Pakistan Party, and one each from the PML-Zia, National Party, and Balochistan Awami Party.

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The opposition consists of 101 members, which includes 80 from the Sunni Ittehad Council, six independent members, and eight from the Jamiat Ulema-e-Islam-F. Additionally, there is one member each from the Balochistan National Party, the Majlis Wahdat-e-Muslimeen, and the Pashtunkhwa Milli Awami Party.

In recent developments, the PPP secured victory in the Rahim Yar Khan by-election. If the JUI-F is included, the government’s support could rise to 222 members, meaning they would only need to persuade two independent members to join their ranks.

On Saturday, PTI Chairman Gohar Ali Khan claimed that two of its senators might vote for the legislation.

“Dr Zarqa Suharwardy Taimur and Faisal Saleem Rahman are the two senators who might cast a vote in favour of the government’s constitutional amendment,” he said.

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Islamabad

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