Pakistan: Cabinet, Senate approve controversial constitutional amendment bill. Here's what it proposes

The controversial 26th Constitutional Amendment was approved by the Cabinet and passed by the Senate in Pakistan on Sunday (Oct 20). The cabinet gave its nod in a meeting chaired by Prime Minister Shehbaz Sharif and it was then tabled in the Senate by Law Minister Azam Nazeer Tarar.
 
The government will also be tabling the bill in the National Assembly on Sunday (Oct 20).

"The federal cabinet has approved the proposed draft of the 26th constitutional amendment of the government and its coalition parties, including the Pakistan Peoples Party (PPP)," the Prime Minister’s Office was quoted as saying by Dawn News.

As per the statement released by the Prime Minister’s Office (PMO), the cabinet approved the bill “in the wider interest of the country while adhering to the oath of national development and public welfare.”

Also Read: View from Delhi: No talks with Pakistan yet, the old cycle won't continue

PTI chairman Barrister Gohar Ali Khan and JUI-F Chief Maulana Fazlur Rehman said that their party had “no objections” to the bill's final draft, however, they will abstain from voting on it when it is tabled in the parliament.

Here are the key proposed changes in the bill 

Appointment of Chief Justice

A special parliamentary committee will appoint the Chief Justice of Pakistan (CJP) from three senior-most Supreme Court judges. The name of nominee will be sent to prime minister who will then send it to the president for appointment.

12-member parliamentary panel for judicial appointments 

The parliamentary panel will have 12 members, out of which eight will be from the National Assembly and four will be included from the Senate. 

The representation of the party will be proportional to their strength in parliament. The nomination of the new Chief Justice will have to be made at least 14 days before the retirement of the incumbent. However, the first nomination will be made three days before the CJP’s retirement. 

Powers of the Parliamentary panel

The parliamentary panel will have the power to create rules which include criteria and procedures to assess the fitness of judges. 

Watch Here: 

The Chief Justice will no longer be able to appoint a substitute for a high court chief justice in case of their unavailability. These powers will now lie with the parliamentary commission.

Rules for the commission to appoint judges 

The commission, which will have the responsibility of appointing judges to the Supreme Court, high courts, and the Federal Shariat Court, will be required to include members who have practiced as senior lawyer for at least 15 years in the Supreme Court.

Term of Chief Justice 

The term of CJP has been set for three years or till resignation, removal or reaching the age of 65, whichever happens first. After three years, the chief justice will have to retire, regardless of the age.

Top court's reduced suo motu jurisdiction

The suo motu jurisdiction of the Supreme Court will be restricted to only those applications filed under the relevant clause.

(With inputs from agencies)