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Twenty-sixth Amendment to the Constitution of Pakistan

The Twenty-Sixth Amendment to the Constitution of Pakistan, the Constitution Act, 2024, is an amendment to the constitution of Pakistan passed by the parliament between 20–21 October 2024. The amendment contains 27 clauses, which effect change in judicial, parliamentary and executive frameworks: modifying aspects of judicial appointments, powers, and adjusting legal procedures. These include the removal of the controversial suo motu prerogative of the Supreme Court, the capping of the Chief Justice of Pakistan's tenure to three-years, the reconstitution of the Judicial Commission of Pakistan (JCP) to sit on judicial appointments, the formation of a separate constitutional bench in the Supreme Court, the limiting of the ability of courts to question the recommendations from cabinet to the president or the prime minister, the increasing of parliamentary oversight, and the establishment of a 12-member Special Committee in parliament with proportional representation to nominate the CJP from the three most-senior judges in the court.

Timeline
On 18 October 2024, a proposed draft of the constitutional amendment was approved in the parliamentary special committee. On 19 October it was reported that the draft had been finalised but was debated or voted upon by the National Assembly of Pakistan. Later in the day, the bill was introduced in the Senate of Pakistan by the Minister for Law and Justice Azam Nazeer Tarar. The senate then voted 65-4 to approve the bill, which had 22 clauses, with the required two-thirds majority. == Articles of amendment ==
Articles of amendment
All articles of the Amendment Act passed unanimous in the Senate, with the exception of Clause 2, with four dissenting votes. Amended/Inserted Clauses Indented • Clause 2 (Insertion of Article 9A [clean and healthy environment]) • Clause 2A (Amendment of Article 38 [Elimination of Riba before January 2028]) • Clause 3 (Amendment to Article 48 [president to act on advice]) • Clause 4 (Amendment to Article 81 [expenditure charged upon Federal Consolidated Fund]) • Clause 5 (Amendment to Article 111 [right to speak in Provincial Assembly]) • Clause 6 (Amendment to Article 175A [Most senior judge of the Constitutional Bench]) • Clause 7 (Amendment to Article 177 [appointment of Supreme Court Judges]) • Clause 8 (Amendment to Article 179 [retiring age]) • Clause 9 (Amendment to Article 184 [Original Jurisdiction of Supreme Court]) • Clause 10 (Amendment to Article 185 [Appellate jurisdiction of Supreme Court]) • Clause 11 (Amendment to Article 186A [power of Supreme Court to transfer cases]) • Clause 12 (Amendment to Article 187 [issue and execution of processes of Supreme Court]) • Clause 13 (Insertion of Article 191A [Constitutional Benches of the Supreme Court]) • Clause 14 (Amendment to Article 193 [Appointment of High Court Judges]) • Clause 15 (Amendment to Article 199 [Jurisdiction of High Court]) in favour: 65; against: 0 • Clause 16 (Insertion of Article 202A [Constitutional Benches of High Courts]) • Clause 16A (Amendment to Article 203C [The Federal Shariat Court]) • Clause 16B (Amendment to Article 203D [Powers, jurisdiction and functions of the Court]) • Clause 17 (Amendment to Article 208 [Officers and servants of Courts]) • Clause 18 (Substitution of Article 209 [Supreme Judicial Council) • Clause 19 (Amendment to Article 215 [Term of office of Commissioner]) • Clause 19A (Amendment to Article 229 [Reference to Islamic Council]) • Clause 19B (Amendment to Article 230 [Functions of the Islamic Council]) • Clause 20 (Amendment to Article 255 [Oath of Office]) • Clause 21 (Amendment to Article 259 [Awards]) • Clause 22 [Amendment to the Fourth Schedule of the Constitution] ==Criticism==
Criticism
The amendment was criticized by five interviewed lawyers/barristers in Dawn, calling it a "blow to the constitutional order", "politicising the judiciary", and "emasculating the judiciary". However, one of the lawyers acknowledged that the current draft was "more workable" compared to earlier versions, though concerns still remained which required "redressal". PTI alleged that seven of its lawmakers were "abducted" and claimed that the government was trying to pass the amendment "at gunpoint." The amendment has also been criticised for "incongruities or jurisprudential conundrums" concerning the division of the Supreme Court's with the addition of the Constitutional Bench. == See also ==
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