The passage of the 26th Constitutional Amendment Bill 2024 in Pakistan marks a significant event, with broad impacts on the judiciary, governance, and environment. After the Senate passed the bill with a two-thirds majority, the National Assembly followed suit, securing 225 votes—just one vote above the required threshold. Some opposition members, however, staged a walkout, indicating political contention over the bill. Speaker Ayaz Sadiq oversaw the voting, and the bill was presented by Law Minister Azam Nazeer Tarar during a late-night session.
The bill’s development involved extensive discussions among all political parties, including PTI (Pakistan Tehreek-e-Insaf), through a special parliamentary committee. Bilawal Bhutto-Zardari, the PPP Chairman, delivered a lengthy speech commending Maulana Fazlur Rehman for his pivotal role in ensuring the bill’s passage. Bilawal emphasized that the amendments were passed with unanimous political consensus, extending gratitude to multiple political parties like PML-N, MQM-P, and others.
Confrontation from PTI
On the other hand, PTI, led by Barrister Gohar Ali Khan, abstained from the vote, citing harassment of party members and procedural concerns. PTI’s leader, Imran Khan, had instructed further consultations before deciding on the bill, which PTI found infeasible given the tight timeline.
Salient Features of 26th Constitutional Amendment bill 2024
Below are the salient features of the bill:
- Right to a Clean Environment: Introduction of Article 9A grants every citizen the right to a clean and sustainable environment.
- Elimination of Riba (Interest): Article 38(f) mandates complete elimination of riba (interest) by January 1, 2028.
- Judicial Independence: Article 48(4) shields executive advice from legal challenges. Revisions in Articles 175A and 177 aim to enhance judicial accountability and clarify qualifications for appointments to the Supreme Court.
- Revised Appointment Procedures for Judges: A special parliamentary committee will appoint the Chief Justice of Pakistan, with changes in the Judicial Commission’s composition to ensure political proportionality.
- Election Organization: Article 81 includes provisions for funding and organizing elections at all government levels.
- Judicial Accountability: Annual performance evaluations for High Court judges are introduced, with unsatisfactory performance leading to review by the Supreme Judicial Council.
- Chief Justice’s Tenure: Article 179 limits the Chief Justice’s tenure to three years, irrespective of age.
