ISLAMABAD – In a historic development, the Senate and the National Assembly have passed much-hyped “The Constitution (Twenty-Sixth Amendment) Bill, 2024 with a two-third majority.
In the Senate, 65 members voted in favour of the constitutional amendment and four against it, while in the National Assembly 225 members threw weight behind the amendment while 12 lawmakers opposed it.
The constitution amendment envisages introduction of reforms to the appointment process and tenure of the Chief Justice of Pakistan (CJP) and establishment of constitutional benches at the Supreme Court, with equal representation from all provinces.
It also provides to establish constitutional benches at the high courts.
Appointment of New Chief Justice of Pakistan
The parliament has approved an amendment to Article 175 of the Constitution, changing the method of appointing new Chief Justice of Pakistan. Instead of the previous practice of elevation of the senior most judge as the Chief Justice, the new CJP will now be selected from among the three senior most judges of the apex court.
A 12-member special parliamentary committee will appoint the CJP with two-third majority. The committee will include eight members from the National Assembly and four from Senate. Members of the committee will be chosen from all political parties in both houses of the parliament on the basis of proportional representation.
The special parliamentary committee will propose name for the Chief Justice to the Prime Minister, who will advise the President to order his induction. No tribunal, court or authority will have the power to challenge the proposal made by the Prime Minister, the President or the Special Parliamentary Committee.
The Chief Justice will be appointed for three years while his age of retirement has been fixed at 65.
