The federal government finally tabled the 26th constitutional amendment in the Senate on Sunday.
Law Minister Azam Nazir Tarar presented the bill in the Senate. The draft was approved by the federal cabinet earlier on Sunday.
The bill was voted clause by clause, with members rising in their seats to show their assent.
The first clause was passed by a majority of 65 to four votes, hence constituting two-thirds majority. The House then proceeded to pass all clauses one by one.
After a clause-by-clause approval, a third reading was carried out which once again showed the same 65-4 majority.
The Law Minister stated that the 18th Amendment altered the process of appointing judges to the higher judiciary. He claimed the 19th Amendment disrupted the balance of the constitution and was passed hastily. He alleged that the Judicial Commission, established under the 18th Amendment, was coerced into approving the 19th Amendment, and its inclination towards a particular institution reduced the authority of the parliamentary committee.
He noted that bar associations across Pakistan criticized this, demanding the restoration of the original spirit of the 18th Amendment, a demand echoed by the Supreme Court and the Pakistan Bar Council.
According to the Law Minister, a new structure for the parliamentary commission has been deemed appropriate and will be presented today. This new commission will include four senior-most judges along with four parliamentary leaders.
The proposed Judicial Commission will comprise: the Chief Justice of Pakistan, the judge heading the constitutional bench, three senior-most Supreme Court judges, the Federal Law Minister, the Attorney General of Pakistan, a minimum of one lawyer with 15 years of experience nominated by the Pakistan Bar Council for a two-year term, and two members each from the government and opposition from both houses of parliament (if the National Assembly is dissolved, the members will be from the Senate).
Azam Nazir Tarar stated that propaganda was spread against Chief Justice Qazi Faez Isa. He had three official meetings with Chief Justice Isa, in all of which the Chief Justice clarified that he would not seek an extension of his term. Any rules framed by the government will apply after the current Chief Justice’s tenure.
The Law Minister said that upon the Chief Justice’s arrival, the doors were opened in a way that led to a flood of suo moto notices. He criticized the Supreme Court’s actions, stating that they do not accept the judicial methods and behind-closed-doors processes that have occurred.
He stated that they compromised on a constitutional bench, stepping back from the constitutional court. The appointment and tenure of the Chief Justice of Pakistan are included in the constitutional amendment. The Chief Justice’s term has historically ranged from six to seven years, but the bill sets it at three years. The names of three senior judges will be considered for the position, and a twelve-member parliamentary committee will decide on the Chief Justice’s appointment with a two-thirds majority.
The Law Minister further stated that constitutional benches will also be established in provincial and Islamabad High Courts.
