Senate passes 26th Constitutional Amendment Bill amid PTI boycott

Senate Chairman Yousaf Raza Gilani read out contents of the bill before lawmakers cast their votes

After several delays, the Senate commenced voting on the 26th Constitutional Amendment Bill, also known as the Constitutional Package, and eventially passed it on Sunday. The legislation proposes a series of amendments, including an extension of the Chief Justice’s term.

The bill, which had been previously approved by the federal cabinet with the consensus of coalition partners, was presented in the Senate by Law Minister Azam Nazeer Tarar. During the opening of the session, Senate Chairman Yousaf Raza Gilani read out the contents of the amendment bill before lawmakers cast their votes.

Amid speculation regarding the extension of the Chief Justice’s tenure, Tarar clarified that Chief Justice Qazi Faez Isa had expressed no interest in extending his term. “During the three meetings that I had with the top judge, he reiterated his disinterest in the extension of his tenure, saying that any amendments would come into effect after his retirement,” Tarar stated.

Before the Senate session, Tarar addressed a press conference at Parliament House, accompanied by Information Minister Attaullah Tarar. He elaborated on the bill’s contents, noting that a constitutional bench would be formed by a judicial commission led by the Chief Justice of Pakistan.

“Before the 18th Amendment, judges were appointed by the President on the advice of the PM,” he explained. The proposed commission, referred to as the ‘new-face’ commission, will include the Chief Justice, four senior-most Supreme Court judges, two senators, and two MNAs—one from the opposition and one from the treasury.

“We are aiming to achieve a broader consensus with this commission,” he added. The minister further stated that the attorney general would also be part of the commission.

Tarar highlighted the need for representation of marginalised communities, stating, “Those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker.” He also mentioned the intention to include a technocrat from outside parliament to provide input based on experience.

He further announced the introduction of a performance evaluation system for the provincial judiciary. He addressed public complaints about protracted legal proceedings, noting that cases could remain pending for up to ten years. “This judicial commission needs to enforce a nationwide standard, so the performance of high court judges will be evaluated,” he said.

“We need to appreciate the judges who perform well, but in the past, we have received complaints that after confirmation, their work is inadequate,” he continued, adding, “We need to ensure that taxpayers’ money is being well spent, and when the judiciary is receiving such perks, we expect results.” Cases deemed inefficient will be referred to the Supreme Judicial Council for further review, he maintained.