26th Constitutional Amendment: A look at key changes in Judicial system

ISLAMABAD – The 26th Constitutional Amendment Bill was enacted early Monday morning after fulurry of meetings and prolonged negotiations. The bill received approval from both houses of parliament, marking a pivotal moment in Pakistan’s legislative process.

The Senate passed the bill with a two-thirds majority before it was brought to the National Assembly during a late-night session that began at 11:36 PM and concluded around 5 AM.

26th Constitutional Amendment

Judicial Appointments:

• Judicial Commission: Expanded to include judges and parliamentary representatives for diverse perspectives.
• Nominations: Prime Minister and Leader of the Opposition will nominate members to promote bipartisanship.
• Chief Justice Appointment: A parliamentary committee will recommend one candidate from a list of three, enhancing scrutiny.

Judges’ Tenure

• Chief Justice will serve a fixed three-year term, regardless of retirement age.
• Judges given opportunities to improve performance, with actions possible from the Judicial Council for poor performance.

Judicial Powers

• Suo Motu Powers: Chief Justice loses the ability to act unilaterally; a committee of judges will decide on new cases.
• High Court Powers: High courts also face restrictions on suo motu actions.

Case Management:

• Supreme Court can transfer cases between high courts if justice is not being served.

Constitutional Benches:

• Establishment of special courts for key cases, ensuring representation from judges across all provinces.

Confidential Proceedings:

• Discussions in the Judicial Commission regarding judge appointments will be private, with a record kept to maintain process integrity.

Environmental Rights:

• Article 9A guarantees the right to a clean and healthy environment, emphasizing its importance for public well-being.