Islamabad, October 17,2024-The proposed draft of the 26th Constitutional Amendment has reached its final stage, with significant provisions now emerging.
According to sources, the amendment recommends the formation of a 5 or 9-member Constitutional Bench in the Supreme Court, dismissing the need for similar benches at the provincial level. Under the proposal, the Judicial Commission will be responsible for establishing the Constitutional Bench and appointing its head, removing the power of the Chief Justice to alter its composition.
The draft also suggests setting a fixed term for the bench’s appointment, while another key proposal aims to curtail the Supreme Court’s suo motu authority.
In a notable change, the Chief Justice of the Supreme Court would be appointed from among the three most senior judges. The draft also proposes a modification in the process of appointing the Chief Election Commissioner. Should the Prime Minister and the Leader of the Opposition fail to agree, the appointment will be made by a parliamentary committee.
Furthermore, the draft calls for the full restoration of the 18th Amendment and the complete abolition of the 19th Amendment. An amendment to Article 63A suggests that votes cast in parliament must align with party policy. Additionally, Article 48 will be amended to ensure that advice given by the Prime Minister and federal cabinet to the President cannot be challenged or investigated by any institution, court, or authority.
These sweeping changes signal significant shifts in Pakistan’s constitutional framework, aiming to enhance the role of judicial and executive bodies in shaping governance.
