The draft of Pakistan’s 26th Constitutional Amendment has entered its final stage, with key proposals now emerging.
Sources indicate that the proposed amendment suggests the formation of a constitutional bench comprising either 5 or 9 judges from the Supreme Court, while ruling out the establishment of constitutional benches in the provinces.
According to the draft, the Judicial Commission will be responsible for constituting the constitutional bench, and it will also appoint the head of the bench. Notably, the Chief Justice of the Supreme Court will no longer have the authority to make alterations to the composition of the constitutional bench.
Another significant proposal includes the setting of a fixed term for the formation of the constitutional bench, alongside a recommendation to abolish the Supreme Court’s suo motu powers.
Additionally, the draft proposes that the appointment of the Chief Justice of the Supreme Court should be made from among the three most senior judges. There is also a recommendation to change the process of appointing the Chief Election Commissioner. In the event of a deadlock between the Prime Minister and the Leader of the Opposition, the Parliamentary Committee will be tasked with making the appointment.
The amendment also includes a recommendation to fully restore the 18th Amendment while abolishing the 19th Amendment in its entirety.
Under the proposed changes to Article 63-A, party policy will determine the counting of votes, while an amendment to Article 48 has also been included in the draft. This change will make the advice given by the Prime Minister and the federal cabinet to the President unchallengeable. No court, institution, or authority will have the right to investigate or take action on advice forwarded to the President.
The draft is expected to be presented in the Senate today for further consideration.
