After approval of all 22 clauses from the Senate, the National Assembly session was underway to pass the 26th Constitutional Amendment Bill.
The government requires 224 votes to pass and enact the bill into law.
At the outset of the session, Law Minister Azam Nazeer Tarar briefed the lower house on the key points of the amendment draft.
The session was then adjourned for 10 minutes before midnight.
As the NA session resumed, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari praised Jamiat Ulema-e-Islam (JUIF) Chief Maulana Fazlur Rehman for his efforts to build consensus on the amendment draft.
“After my father, if I consider anyone to be very important in politics, it is Maulana Fazlur Rehman. Maulana has played a pivotal role in generating consensus, and upholding the sanctity of this parliament,” he said.
“In the 18th Amendment, the powers of the President were given to the Parliament, while in the 26th Amendment, the powers of the Supreme Courts have been devolved,” Bilawal said.
Addressing the session, PTI’s Leader of the Opposition in NA Omar Ayub Khan criticised the amendments, arguing that they did not reflect the will of the Pakistani people.
Ayub said the law minister and PPP chairman had thanked everyone, probably he should also thank those who had “gone missing”. Ayub detailed how PTI lawmakers were “tortured and harassed”.
“These were all tactics to pressure us. The mistreatment of Imran Khan in jail is also an example,” he said.
The Opposition Leader questioned the urgency behind passing the amendments, asking, “What would have happened had it been passed on October 31?”
He also said that the amendments were an attempt to undermine the independence of the judiciary.
“We do not think this government is capable of bringing constitutional amendments. Therefore, we have instructed PTI members not to become part of this process,” he said.
Defence Minister Khawaja Asif critised the Opposition Leader, saying “those who have changed political parties frequently, must not lecture us on conscience.”
He said before protesting against the incarceration of PTI founder Imran Khan, Omar Ayub and his leader should reflect on their past actions.
Fazl condemns
Speaking next, the JUI-F chief commended all parties, including the PTI, for their contributions to the passage of the bill.
“The topic we are discussing and the amendments we are passing arise from issues surrounding the Supreme Court judges’ desire for extended terms,” he said.
“Following the emergence of these reports, I brought the matter to the floor and advocated for a constitutional amendment to ensure that the legislature and judiciary operate without conflict.”
Fazl said that the Constitution will remain steadfast, even amid shifting political landscapes.
“Any commitment between the nation and the provinces is reflected in these amendments,” the Maulana continued.
The JUI-F chief also endorsed PTI’s grievances and Imran Khan’s incarceration.
“The PTI’s leader is in jail, in dreadful conditions, the news is unacceptable.”
“I condemn the cruelty and mistreatment of any political leader. If I had foreseen what would happen to Imran Khan, I would have condemned it at that time,” he stressed.
Earlier on Sunday, 65 Senators voted in favour of the Bill, while four senators belonging to the Pakistan Tehreek-e-Insaf (PTI) abstained from voting. PPP’s 19, Pakistan Muslim League-Nawaz’s (PML-N) 24, and JUI-F’s 5 Senators voted in favour of the bill.
Four Senators from the Balochistan Awami Party (BAP), three each from Muttahida Qaumi Movement-Pakistan (MQM-P), and Awami National Party (ANP), two belonging to the Balochistan National Party (BNP), one from PML-Q and four independent Senators also favoured the bill.
Clause 2 (Insertion of Article 9A [clean and healthy environment]) — in favour: 65; against: 4
Clause 3 (Amendment to Article 48 [president to act on advice]) — in favour: 65; against: 0
Clause 4 (Amendment to Article 81 [expenditure charged upon Federal Consolidated Fund]) — in favour: 65; against: 0
Clause 5 (Amendment to Article 111 [right to speak in Provincial Assembly]) — in favour: 65; against: 0
Clause 7 (Amendment to Article 177 [appointment of Supreme Court Judges]) — in favour: 65; against: 0
Clause 8 (Amendment to Article 179 [retiring age]) — in favour: 65; against: 0
Clause 9 (Amendment to Article 184 [Original Jurisdiction of Supreme Court]) — in favour: 65; against: 0
Clause 10 (Amendment to Article 185 [Appellate jurisdiction of Supreme Court]) — in favour: 65; against: 0
Clause 11 (Amendment to Article 186A [power of Supreme Court to transfer cases]) — in favour: 65; against: 0
Clause 12 (Amendment to Article 187 [issue and execution of processes of Supreme Court]) — in favour: 65; against: 0
Clause 14 (Amendment to Article 193 [Appointment of High Court Judges]) — in favour: 65; against: 0
Clause 15 (Amendment to Article 199 [Jurisdiction of High Court]) in favour: 65; against: 0
Clause 17 (Amendment to Article 208 [Officers and servants of Courts]) — in favour: 65; against: 0
Clause 18 (Substitution of Article 209 [Supreme Judicial Council) — in favour: 65; against: 0
Clause 19 (Amendment to Article 215 [Term of office of Commissioner]) — in favour: 65; against: 0
Clause 20 (Amendment to Article 255 [Oath of Office]) — in favour: 65; against: 0
Clause 21 (Amendment to Article 259 [Awards]) — in favour: 65; against: 0
Clause 22 [Amendment to the Fourth Schedule of the Constitution] — in favour: 65; against: 0
The bill, also known as the Constitutional Package, was presented by Law Minister Azam Nazeer Tarar in the Upper House. The draft was approved by the federal cabinet earlier in the day.
The legislation proposes a set of constitutional amendments, including the extension of the chief justice’s term.
“I … wish to introduce a bill further to amend the Constitution of the Islamic Republic of Pakistan, the Constitution 26th Amendment Bill, 2024,” the law minister said as he presented the bill.
“Is it opposed?” inquired Senate Chairman Yousaf Raza Gilani, to which he received no response.
The Law Minister stated that the 18th Amendment altered the process of appointing judges to the higher judiciary.
“However, the 19th Amendment disrupted the balance of the Constitution and was passed hastily,” he said.
Tarar alleged that the Judicial Commission, established under the 18th Amendment, was coerced into approving the 19th Amendment, and its inclination towards a particular institution reduced the authority of the parliamentary committee.
Speaking about rumours regarding the extension of the chief justice’s tenure in the Constitutional Package, Tarar clarified that Chief Justice Qazi Faez Isa was not interested in any extension.
“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 said.
Speaking in the Senate, PTI Senator Barrister Ali Zafar called the Constitution a “social contract” that binds the nation.
He warned that without consensus, the Constitution could lose its strength. Zafar stressed that amendments should reflect the people’s will.
He cited Article 58(2)(b), which allows the president to dissolve the government, and noted how both PML-N and PPP were once affected by this clause. Zafar criticized the rushed nature of the 26th Amendment, saying PTI was excluded from the process.
After meeting Imran Khan, Zafar raised concerns about “serious mistakes” in the bill and predicted confusion over the role of constitutional benches.
He further apprised the Senate Chairman about the PTI parliamentary committee’s decision that they would not vote on the constitutional amendment.
“We have taken signatures of all our members […] If any of our members vote, then do not count it,” the PTI Senator asked the Senate Chairman.
He further said that they were not part of “any process” and had not provided a “single clause”.
Before the Senate session, the law minister addressed a press briefing at Parliament House along with Information Minister Attaullah Tarar.
During the presser, he outlined that the government was going to review the seniority principle in the Supreme Court under the 26th Constitutional Amendment and that the Chief Justice of Pakistan (CJP) would be picked from the three senior-most judges.
The law minister stated that the draft includes a mechanism for the formation of constitutional benches in the provinces. He said the Judicial Commission of Pakistan will have the authority to establish these benches.
“In the past, the Judicial Commission, including five high courts and the Supreme Court, made the decision,” he said.
Tarar said the prime minister had transferred this right to Parliament. He noted that the committee will have an equal proportion of the opposition and the treasury. A 12-member committee will be formed, comprising eight MNAs and four senators.
“The government and the opposition will have proportional representation. This committee will give a name with a two-thirds majority to the PM. Then CJP will be appointed.”
“We believe there will be transparency in the appointment process. The CJP tenure has been fixed for three years. In today’s foreseeable future, Justice Mansoor Ali Shah has little more than three years. It has been fixed at three years or reaching retirement age. Whatever comes first.”
PTI decides to abstain from voting on 26th constitutional amendment
Earlier in the day, Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan announced that his party would not vote for the constitutional amendment in the Parliament.
He announced this while addressing a press conference alongside Maulana Fazlur Rehman at the latter’s residence.
The PTI chairman said that his party members had been harassed and threatened, so the party would not be part of the process.
His remarks come after the federal cabinet approved a draft of the constitutional amendment bill.