Now the Parliament will appoint the judges of the Supreme Court in Pakistan. It has got the approval of the Parliament of Pakistan. To pass this bill, a special Parliament session was also called which started at 11.36 pm on Sunday night. This controversial 26th Constitution Amendment Bill was passed at 5 am on Monday in the session that lasted till midnight in the Pakistan National Assembly. Not only this, President Asif Ali Zardari also approved this bill just a few hours after getting the approval of both the Houses. Due to this haste, questions are being raised on the intentions of Shahbaz Sharif government. Critics say the law effectively disarms the country's judicial system.
What is 26th constitutional amendment
The Constitution (26th Amendment) Act 2024 has been brought to give the power to appoint the Chief Justice to the Parliament. The amendment limits the tenure of the Chief Justice of Pakistan (CJP) to three years. Earlier judicial appointments allowed potentially longer tenures depending on qualifications and experience. A 12-member commission has been established for the appointment of the Chief Justice. This commission will include the present Chief Justice, four senior-most judges of the Supreme Court, two senators and two members of the National Assembly, including one member of the opposition. The purpose of the amendment is to reduce the powers of the Supreme Court. In this constitutional amendment, judges will also get numbers to increase their accountability. For this, a performance appraisal system has been started.
Why did the controversy happen?
While supporters argue that these reforms are necessary to improve judicial capacity and accountability, opponents argue that they threaten judicial independence. There is also controversy over the timing of bringing this bill and the methods of passing it. Critics argue that the move is a way for the Shehbaz Sharif-led ruling coalition to exert control over the independent judiciary. This decision is considered important especially in view of the ongoing tension with former Prime Minister Imran Khan's party Pakistan Tehreek-e-Insaf (PTI). According to local media reports, members of Pakistan Tehreek-e-Insaf (PTI) have said that they even received kidnapping threats for expressing their support for this bill. He was intimidated and threatened.
'new sun'
The government needed 224 votes to pass the bill. When voting began under the chairmanship of NA President Ayaz Sadiq, 225 members of the National Assembly supported the resolution while 12 members of PTI and Sunni-Ittehad Council (SIC) opposed it. According to a Times of India report, after the bill was passed, Prime Minister Shehbaz Sharif congratulated Parliament for the 'historic achievement'. Prime Minister Shehbaz said, “This 26th Amendment is not just an amendment but an example of national unity and consensus. A new sun will rise across the country.”
