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Upper and Lower Houses Approve 26th Constitututional Amendment Bill

After burning the midnight oil National Assembly on Sunday passed the 26th Constitutional Amendment Bill, with 225 votes in its favour amid PTI parliamentarians protest who walked out against the bill.

Federal Law Minister Azam Nazeer Tarar with the permission of NA Speaker Ayaz Sadiq tabled the bill in the National Assembly. The coalition government required 224 votes for the passage of the bill in the assembly. It bagged 225 votes for the approval of the amendment bill.

Earlier, Senate passed the bill with 65 members voting in favour of the amendment, while four members opposed it. In National Assembly, 213 out of 215 members of the ruling coalition voted for the bill, whereas Adil Bazai of the allied government did not cast his vote. NA speaker Ayaz Sadiq also did not use his vote.

The government required 224 votes for the approval of the bill. JUI-F all eight members voted for the draft. Four members of PTI also voted the bill in the assembly. President Asif Ali Zardari will sign the bill at Presidential House.

The National Assembly session has commenced to pass the long-awaited 26th Constitutional Amendment Bill, which the Senate approved with a two-thirds majority. Federal Minister for Law Azam Nazeer Tarar presented the 26th constitutional amendment in the Upper House and subsequently moved a motion for its approval, which was passed with a two-thirds majority in the House, with 65 members voting in favor of the amendment, while four members opposed it.

Members of Pakistan Tehreek-e-Insaf (PTI) and the Majlis Wahdat-e-Muslimeen (MWM) did not participate in the voting process and left the hall to go to the lobbies.

The bill proposes a series of constitutional amendments, including setting a three-year fixed term for the Chief Justice, establishing constitutional benches, restructuring the Supreme Judicial Council, and forming a Special Parliamentary Committee to recommend names from among the three most senior judges of the apex court for the Chief Justice’s appointment.

Speaking in the House, Law Minister Tarar said all poitical parties, including the opposition, were consulted over the constitutional amendment bill. In his speech, Law Minister Tarar said that a committee was formed on the speaker’s direction to review the constitutional amendment bill, and it was thoroughly examined. The bill has been included in the supplementary agenda, so it should be taken up.

He then explained that the procedure for appointing judges was introduced in the 18th Constitutional Amendment to ensure transparency in the appointment of judges to the higher judiciary, and a parliamentary committee was formed for this purpose. He added that the parliamentary committee was given the authority to block any nomination. A petition was filed in the Supreme Court regarding this, and the 19th Amendment was hastily introduced, changing the composition of the commission, resulting in members leaning toward a particular institution.

Tarar proposed that the Judicial Commission should be headed by Supreme Court judges and include four members of Parliament. It was suggested that the Chief Justice, along with judges from the constitutional court, be part of the commission.

The Federal Minister for Law stated that the authority to form constitutional benches will rest with the Judicial Commission, which will include the Chief Justice and four senior Supreme Court judges, as well as members of Parliament.

26th amendement is not serving democracy – PTI’s Ali Zafar addresses the Senate session

PTI leader Ali Zafar said “the very purpose of the constitution is to unite the nation and not to divide it”.

He said in case of massive disagreement which is evident in the case of the so-called constitutional package, the whole nation would bear huge loss.

He said the 1962 constitution was also imposed on the nation which was ended after eight years.

Kidnapping the members of the esteemed parliament and their families is not a service to democracy but rather attack on it,” he said.

Constitutional bill is required to strengthen charter of democracy – Sherry Rehman

The PPP leader said the passage of the 26th amendment bill would further strengthen the charter of democracy. The former minister said the PTI did not give its suggestion in the parliamentary committee’ sessions.  She said the PPP chief Bilawal Bhutto made significant efforts to get the 26th amendment sail through the parliament.

Enough debates and talks, now is time to pass constitutional package – ANP’s Aimal Wali Khan

Speaking at the Senate session, Aimal Wali Khan said the process of constitutional package should not be extended any more. He said enough debate and talks have happened over the long-awaited bill and now it should be passed. Khan said the PTI would oppose any move by the government, be it for the benefit of country.

The ANP president also complained to Senator Zafar – who spoke before him – that he never gave one suggestion in parliamentary committees’ sessions.

Cabinet accorded approval

Earlier, the cabinet approved the draft of 26th constitutional amendment which was agreed to by the PPP and the JUI-F. The cabinet met in the chamber of the prime minister in the parliament with Premier Shehbaz Sharif in the chair and approved the draft.

According to the amended draft approved by the cabinet, a clause “A” has been added to the Article 9 of the constitution.

PTI decides not to vote on constitutional amendment

The PTI, after the party bigwigs’ meeting with JUI-F chief Fazlur Rehman, announced that it would not vote for the proposed constitutional amendment in the parliament. “The party will abstain from voting and present its stance while sitting in the parliament,” Barrister Gohar said. He also lauded Maulana Fazl for his support in opposing the constitutional package.

“Imran Khan will always have the final say on party decisions, so we take every instructions from him,” the PTI chairman said.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, and Civil and Criminal Law. Contact: mohla@lawtoday.com.pk

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