Pakistan's parliament passes 26th amendment bill: What does it mean
Pakistan's Parliament has passed the 26th Constitutional Amendment Bill, bringing about major changes to the judiciary's functioning. The bill was passed after much coalition-building and got a two-thirds majority in the Senate. It was then introduced in an overnight session in the National Assembly, where it got 225 votes in favor and 12 against, exceeding the 224 votes required for passage.
Key changes introduced by the 26th Amendment Bill
The 26th Amendment Bill brings some major changes to the way judiciary functions. It restricts the Chief Justice of Pakistan's tenure to three years and changes the appointment procedure for the same. Now, a Special Parliamentary Committee will recommend names to the prime minister from among the three senior-most Supreme Court judges. It also takes away the Supreme Court's suo motu powers, barring it from taking up cases on its own.
Amendment aligns with Islamic banking principles
The bill also requires the removal of all forms of "riba" or interest by January 1, 2028, in accordance with Islamic banking principles. This comes after Pakistan's Federal Shariat Court directed the removal of interest by 2027 in 2022. The amendment has also sparked debate over its potential impact on judicial independence. Critics argue it could undermine judicial power by involving political figures in judicial appointments and limiting court interventions.
Bill awaits presidential assent, raises legal questions
The bill now awaits presidential assent under Article 75 of Pakistan's constitution. Its passage raises questions if it could be challenged in court. Former Sindh High Court Bar Association president Salahuddin Ahmed said any legal challenge would be heard by judges appointed under the new system. The government's coalition partners have expressed optimism over the amendment's approval, asserting it serves national development and public welfare interests.
