Pakistan 26th Constitutional Amendment Approval

On October 21, 2024, the federal cabinet of Pakistan approved a draft of the 26th Constitutional Amendment. This decision had to overcome numerous political squabbles before it could eventually be made. Amendment addresses balance of power between political executive and the judiciary and also boasts legal edifice. Following the approval, discussions and votes in the Senate and National Assembly are initiated.

26th Amendment in Pakistan's Constitutional Package

• The amendment is to curb actions taken under suo motu by the Supreme Court.
• The Chief Justice of Pakistan (CJP) will be nominated by parliamentary committee out of three senior judges.
• The CJP's term shall be three years, after which the retirement will take place.
• The CJP will be nominated by a special parliamentary panel, which will amend the process for judicial appointments.
• The commission that appoints judges shall have members. They should be senior lawyers, at least 15 years old
• The annual performance evaluations will help determine if low-performers are referred to the Supreme Judicial Council.
• Judicial powers get a major overhaul with curtailed suo motu jurisdiction and the creation of constitutional benches.
• The amendment is a tough political sell because it requires a two-thirds majority in each, the plurality Chambres du parlement.
• The executive control over judicial appointments endangers the separation of powers, critics say.
• The only thing we get is whether the government can gain the necessary majority whilst dealing with a complicated political system.