The proposed draft of the 26th constitutional amendment has entered its final stages of preparation, with key points and recommendations now emerging.
According to sources, the draft includes a proposal for the establishment of a five or nine-member constitutional bench in the Supreme Court.
The points revealed are a little different from the changes proposed in the original draft of the constitutional amendment.
The recommendations in the draft state that the composition of the constitutional bench will be determined by the Judicial Commission of Pakistan, which will also appoint the head of the constitutional bench.
Moreover, it has been suggested that the chief justice of the Supreme Court will not have the authority to make changes to the constitutional bench.
The draft for the constitutional amendment proposes setting a fixed term for appointments to the constitutional bench, with the SC chief justice to be selected from among the three senior-most judges.
Sources added that the draft also suggests changes to the appointment process for the chief election commissioner. If the prime minister and the opposition leader cannot reach an agreement, the appointment will be made by a parliamentary committee.
Following amendments to Article 63-A (disqualification on grounds of defection, etc), votes will be counted according to party policy.
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The draft also includes amendments to Article 48 (president to act on advice, etc), further shaping the future of Pakistan’s constitutional framework.
The advice sent by the prime minister and the federal cabinet to the president will not be subject to challenge. No institution, court, or authority “will have the power to investigate or take action on the advice provided to the president.”
