President can now remove judges based on SJC’s report

Amendments, under Articles 175A and 209, provide the SJC with the power to annually assess judges' performance.

The Parliament passed the 26th constitutional amendment early Monday morning, granting the president authority to remove Supreme Court and High Court judges based on the Supreme Judicial Council’s (SJC) report.

Under Articles 175A and 209, these amendments provide the SJC with the power to annually assess judges' performance, ensuring accountability within the judiciary.

According to the amendments, if a High Court judge’s performance is deemed unsatisfactory, the judicial commission will give them a timeframe to improve.

The case will be referred to the Supreme Judicial Council if their performance remains unsatisfactory. The council will then investigate and, if necessary, recommend their removal.

The SJC is tasked with conducting inquiries within six months into cases of physical or mental incapacity, misconduct, or failure to perform official duties. The council’s report will be sent to the president, who can act upon it to remove judges from office.

President approves 26th Constitutional Amendment

President Asif Ali Zardari, has officially approved the 26th constitutional amendment, with the gazette notification issued shortly after.

The notification, released by the National Assembly, confirms that the 26th Amendment is now an Act of Parliament and has officially become law.

The amendment, passed by both the Senate and the National Assembly with a two-thirds majority, is now in effect nationwide.

The 26th constitutional amendment has been enacted following the publication of the official gazette, cementing its place within Pakistan’s legal and constitutional framework.