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Following multiple delays and after much controversy, the 26th Constitutional Amendment Bill was tabled in the Senate on Sunday by Law Minister Azam Nazeer Tarar, shortly after it was approved by the federal cabinet.
The bill, better known as the Constitutional Package, is legislation proposing a set of constitutional amendments, including the extension of the chief justice’s term. A special parliamentary committee formed last month — which has the representation of all parties, including the PTI — has been discussing various proposals.
The bill, which was approved by the federal cabinet earlier in the day, was presented in the Senate today by Law Minister Tarar.
“I … wish to introduce a bill further to amend the Constitution of the Islamic Republic of Pakistan, the Constitution 26th Amendment Bill, 2024,” the law minister said at the Senate as he presented the bill.
“Is it opposed?” asked Senate Chairman Yousaf Raza Gilani, to which he received no response.
According to a statement from the Prime Minister’s Office (PMO), the cabinet decided to approve the bill “in the wider interest of the country while adhering to the oath of national development and public welfare.”
Before the Senate session, the law minister addressed a press conference at Parliament House, flanked by Information Minister Attaullah Tarar. During the presser, he outlined the bill and said that a constitutional bench would be formed by a judicial commission led by the Chief Justice of Pakistan (CJP).
“Before the 18th Amendment, judges were appointed by the President on the advice of the PM,” Tarar said.
“This ‘new-face’ commission will be made up of the CJP, four of the senior-most Supreme Court judges, two senators and two MNAs — one of each will be from the opposition,” the law minister said. “We are aiming to achieve a broader consensus with this commission,” he added.
The minister said that he and the attorney general will also be a part of the commission.
“Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”
In terms of the provincial judiciary, Tarar also said a performance evaluation system was being introduced to assess the performance of judges.
“People complain that their cases are pending for up to 10 years,” he said. “This judicial commission needs to enforce a nationwide standard, so the performance of high court judges will be evaluated.”
Tarar continued: “We need to appreciate the judges who perform well, but in the past, we have received complaints that after confirmation, their work is inadequate. We need to ensure that taxpayers’ money is being well spent, and when the judiciary is receiving such perks, we expect results.
“Cases where there is inefficiency will be referred to the Supreme Judicial Council,” he added.
PTI says ‘no objection’ to draft but decides not to vote
Meanwhile, the PTI, according to a statement released by its media cell, said that the party’s political committee has decided to boycott the voting process in both houses of the parliament, in case the government tabled the constitutional amendments today.
PTI leader Zulfi Bukhari, in a conversation with Dawn.com, said that the party will attend both sessions of the parliament today, but will not vote for the amendment.
“The party will abstain from voting and record their protest while sitting in the parliament”, Bukhari said.
On the other hand, PTI chairman Barrister Gohar Ali Khan said that the party had “no objections” to the final draft, but will not vote on the bill when it is presented in parliament.
“Our leader Imran Khan will always have the final say on party decisions, so we act on his instructions and recommendations,” the PTI chairman said, flanked by the JUI-F Chief, Maulana Fazlur Rehman as the two held a press conference outside the latter’s residence.
“He instructed us to have more consultations before voting since this legislation is so serious.
“Given that we have no time for further consultations, as well as all the delays, how the bill was processed and how our MNAs and senators were harassed and intimidated, the PTI cannot vote for this bill,” Gohar declared.
Expressing gratitude to the JUI-F chief for his role in the process, Gohar said that the party will attend parliament today and has “no objections” if Fazl votes on the bill. He also demanded “the return” of PTI lawmakers who have been allegedly abducted.
“We will deliver a speech on the assembly floor, but we will not vote on the 26th amendment.”
‘The PTI has the right to not vote’: Fazl
Addressing the press conference, Fazl said that he had no objections to the PTI’s decision to not vote on the bill, saying that “it is their right”.
“We have reached a consensus with the PTI, but given their condition and what they have been through, it is their right to boycott the vote,” Fazl said, referring to the allegations of intimidation and the conditions in which Imran Khan has been incarcerated.
“We have made efforts, but if a party has a strong position, we will accept that,” he added.
Will move forward with or without PTI: Bilawal
PPP Chairman Bilawal Bhutto-Zardari said that the government will move forward with the amendment whether the PTI voted in favour of it or not.
“We have waited for as long as we could, and today, under any circumstance, this work will be completed,” Bilawal said while speaking to reports at the Senate.
Bilawal said that he had hoped the bill was passed with the joint consensus of JUI-F, and, “god willing, that will happen today”.
He said that he was disappointed with the PTI’s stance, adding that he was hopeful that the party would still agree to be a part of the constitutional amendment.
More to follow
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