Twenty-sixth Amendment to the Constitution of Pakistan

{{Short description|2024 amendment to the constitution of Pakistan}}

{{Infobox legislation

| short_title = Constitution (Twenty-sixth Amendment) Act, 2024

| legislature = Parliament of Pakistan

| image = File:State emblem of Pakistan.svg

| imagesize = 150px

| imagealt =

| caption = State emblem of Pakistan

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| citation =

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| enacted_by = Senate of Pakistan

| date_passed = In Senate of Pakistan: 20 October 2024

| assented_by = President Asif Zardari

| date_assented = Assented granted on 21 October 2024

| enacted_by2 = National Assembly of Pakistan

| date_passed2 = In National Assembly of Pakistan: 21 October 2024{{efn|NA proceedings began in the later hours of the 20th and concluded in the opening hours of the 21st}}

| date_commenced =

| administered_by =

| bill = The Constitution (Twenty-sixth Amendment) Bill, 2024

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| bill_date =

| committee_responsible = Special Parliamentary Committee, NA

| introduced_by = Azam Nazir Tarar (law minister)

| 1st_reading =

| 2nd_reading =

| committee_whole = 18 October 2024

| 3rd_reading =

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| status = In force

}}

The Twenty-Sixth Amendment to the Constitution of Pakistan,the Constitution (Twenty-sixth Amendment) Act, 2024, is an amendment to the constitution of Pakistan passed by the parliament between 20–21 October 2024.{{Cite web |title=Marathon session ends with NA passing 26th Amendment Bill during predawn hours |url=https://www.geo.tv/latest/569960-govt-optimistic-for-passage-of-26th-constitutional-amendment-as-cabinet-approves-draft |access-date=2024-10-21 |website=www.geo.tv |language=en}}{{Cite web |last= |first= |date=2024-10-21 |title=President Asif Ali Zardari gives assent to 26th Constitutional Amendment |url=https://www.brecorder.com/news/40328152/president-asif-ali-zardari-gives-assent-to-26th-constitutional-amendment |access-date=2024-10-21 |website=Brecorder |language=en}} The amendment contains 27 clauses, which effect change in judicial, parliamentary and executive frameworks: modifying aspects of judicial appointments, powers, and adjusting legal procedures.{{cite news|url=https://english.aaj.tv/news/330384733/full-text-draft-of-26th-constitutional-amendment-approved-in-committee|title=Full text: Draft of 26th constitutional amendment approved in committee|author=Naveed Akbar|publisher=Aaj TV|date=19 October 2024|access-date=20 October 2024}} These include the removal of the controversial{{Cite web |last=Ausaf |first=Ahmad Maudood |date=2024-09-06 |title=Suo motu — a distorted instrument rendered unrecognisable in Pakistan |url=https://www.dawn.com/news/1856663 |access-date=2024-10-21 |website=DAWN.COM |language=en}} suo motu prerogative of the Supreme Court, the capping of the Chief Justice of Pakistan's tenure to three-years, the reconstitution of the Judicial Commission of Pakistan (JCP) to sit on judicial appointments, the formation of a separate constitutional bench in the Supreme Court, the limiting of the ability of courts to question the recommendations from cabinet to the president or the prime minister, the increasing of parliamentary oversight, and the establishment of a 12-member Special Committee in parliament with proportional representation to nominate the CJP (with two-thirds majority in the committee) from the three most-senior judges in the court.{{Cite web |last=Dawn.com |date=2024-10-20 |title=What is the 26th Constitutional Amendment? |url=https://www.dawn.com/news/1866480/what-is-the-proposed-26th-constitutional-amendment |access-date=2024-10-21 |website=DAWN.COM |language=en}}{{Cite web |date=2024-10-21 |title=The Constitutional Amendment Is About Power Not The Independence Of The Judiciary |url=https://thefridaytimes.com/21-Oct-2024/the-constitutional-amendment-is-about-power-not-the-independence-of-the-judiciary |access-date=2024-10-21 |website=The Friday Times |language=en}}{{Cite web |date=2024-10-21 |title=Constitutionalising Likeminded Benches Et Al! |url=https://thefridaytimes.com/21-Oct-2024/constitutionalising-likeminded-benches |access-date=2024-10-21 |website=The Friday Times |language=en}}

The amendment introduces Article 9A, which declares "[e]very person shall be entitled to a clean, healthy and sustainable environment," as a fundamental right. The package also includes abolishment of riba (usury) "as far as practicable, by the 1st of January, 2028". It also the modified procedures for suo motu actions previously held by the Supreme and High courts are instead placed in the hands of a judicial committee under the Practice and Procedure Act. Under the amendment, the Chief Election Commissioner of Pakistan remains in office until the appointment of a replacement is notified. In Article 111, provincial advocate generals and counsel are permitted to partake in legal discussions in their respective provincial assemblies. The Special Parliamentary Committee responsible for the nomination of the Chief Justice is to hold its meetings in an in-camera sitting. The JCP is given the authority to "review" the performance of the Federal Shariat Court (FSC) and High Court judges, in addition to appointment prerogatives.{{Cite web |title=بالآخر ترامیم پر حکومت، اتحادی کامیاب، چیف جسٹس کا انتخاب 3سینئر ججز میں سے ہوگا، وزیراعظم پارلیمانی کمیٹی کی سفارش پر نام صدر مملکت کو بھیجیں گے، یکم جنوری 2028 تک سود کا مکمل خاتمہ |url=https://jang.com.pk/news/1402730 |access-date=2024-10-21 |website=jang.com.pk}}

The constitutional package was presented by the Pakistan Muslim League (N) (PML-N) and attracted support from other parties; including the Pakistan People's Party, with its chairman Bilawal Bhutto Zardari, and the Pakistan Tehreek-e-Insaf, with its chief Gohar Ali Khan, who expressed their agreement with the draft, citing previous consensus with Jamiat Ulema-e-Islam (F) leader Maulana Fazlur Rehman. During parliamentary proceedings, the amendment was supported by Istehkam-e-Pakistan Party (IPP), Awami National Party (ANP), and Muttahida Qaumi Movement – Pakistan (MQM-P) parties, together with various independents and "others".{{Cite web |last= |first= |date=2024-10-21 |title=Chief Justice of Pakistan's selection process revamped under 26th Constitutional Amendment |url=https://tribune.com.pk/story/2504258/cjps-selection-process-revamped-under-26th-constitutional-amendment |access-date=2024-10-21 |website=The Express Tribune |language=en}} During voting, members of PTI walked out,{{Cite web |title=صدر کے دستخط کے بعد 26 ویں آئینی ترمیم نافذ، چیف جسٹس کے تقرر کا طریقہ کار سامنے آ گیا |url=https://jang.com.pk/news/1402985 |access-date=2024-10-21 |website=jang.com.pk}} party leadership had previously declared the party's intent to boycott voting.{{Cite web |title=PTI 'decides to boycott' voting on 'controversial' tweaks to Constitution |url=https://www.geo.tv/latest/569932-pti-decides-to-boycott-voting-on-controversial-tweaks-to-constitution |access-date=2024-10-21 |website=www.geo.tv |language=en}} On October 20, the amendment bill was approved by the Shehbaz Sharif government and passed through the Senate by 65 to 4 votes.{{Cite web |title=سینیٹ میں 26ویں آئینی ترمیم 2 تہائی اکثریت سے منظور کرلی گئی |url=https://jang.com.pk/news/1402681 |access-date=2024-10-20 |website=jang.com.pk}} During wee hours of 21 October, National Assembly of Pakistan passed the amendment by 225 to 12 votes.{{cite news|url=https://dailysubnews.com/news-213300/|title=چھبیسویں آئینی ترمیم کی منظوری ، قومی اسمبلی میں کن اپوزیشن اراکین نے ترمیم کے حق میں ووٹ دیا، تفصیلات سب نیوز پر|publisher=Sub News|date=21 October 2024|access-date=21 October 2024}}

Akhtar Mengal, leader of the Balochistan National Party (BNP) alleged that two of his party's senators had been abducted together with their families.{{Cite web |last= |first= |date=2024-10-19 |title=Akhtar Mengal claims senators were abducted, refuses to support constitutional amendments |url=https://tribune.com.pk/story/2503936/our-senators-were-abducted-akhtar-mengal-refuses-to-support-constitutional-amendments |access-date=2024-10-21 |website=The Express Tribune |language=en}} Leaders from PTI and JUIF claimed the government was pursuing "coercive tactics" to pass the amendments, including the kidnapping of MNAs.{{Cite web |last= |first= |date=2024-10-19 |title=Opposition slams coercive tactics to seek votes |url=https://tribune.com.pk/story/2503894/opposition-slams-coercive-tactics-to-seek-votes |access-date=2024-10-21 |website=The Express Tribune |language=en}} Asad Qaiser claimed that party members were being offered Rs. 1-3 billion in bribes, while Omar Ayub Khan claimed "several PTI members and their family members were being intimidated and implicated in fabricated cases" to support the package. Attaullah Tarar claimed it was a "false narrative" and that "PTI had 'kidnapped its members itself'", holding them in KPK. PPP's Ali Musa Gilani and Agha Rafiullah "called for investigations" into the allegations.{{Cite web |last=Khan |first=Amir Wasim {{!}} Iftikhar A. |date=2024-10-18 |title=Opposition outraged by 'arm-twisting' over constitutional tweaks |url=https://www.dawn.com/news/1865893 |access-date=2024-10-21 |website=DAWN.COM |language=en}} Prior to the parliamentary session, PTI "lost contact with 12 of its lawmakers", with party leaders concerned some would defect.{{Cite web |date=2024-10-20 |title=PTI braces for defection concerns, loses contact with 12 lawmakers as key constitutional vote looms |url=https://www.pakistantoday.com.pk/2024/10/20/pti-braces-for-defection-concerns-loses-contact-with-12-lawmakers-as-key-constitutional-vote-looms/ |access-date=2024-10-21 |language=en-US}} The International Commission of Jurists (ICJ) stated the package was a "blow to judicial independence, the rule of law, and human rights protection".{{Cite web |last= |first= |date=2024-10-21 |title=President Asif Ali Zardari gives assent to 26th Constitutional Amendment |url=https://www.brecorder.com/news/40328152/president-asif-ali-zardari-gives-assent-to-26th-constitutional-amendment |access-date=2024-10-21 |website=Brecorder |language=en}} Members of the legal community interviewed by the Express Tribune and Dawn criticised it for an "assault on judicial independence" and the "biggest-reversal" of judicial independence in 3 decades.{{Cite web |last=Malik |first=Hasnaat |date=2024-10-21 |title=Experts warn judicial independence on the chopping block |url=https://tribune.com.pk/story/2504250/experts-warn-judicial-independence-on-the-chopping-block |access-date=2024-10-21 |website=The Express Tribune |language=en}}{{cite web|url=https://www.newindianexpress.com/world/2024/Oct/21/pakistan-parliament-passes-constitutional-amendment-bill-capping-chief-justices-term |title=Pakistan Parliament passes constitutional amendment bill capping chief justice's term|date=21 October 2024 |publisher=Indian express}}

Following the passage of the 26th Amendment, the Pakistan Stock Exchange (PSX)'s benchmark KSE-100 rose 711 points,{{Cite web |date=2024-10-21 |title=26 ویں آئینی ترمیم منظور ہونے کے بعد آج پاکستان اسٹاک ایکسچینج میں زبردست تیزی |url=https://www.nawaiwaqt.com.pk/21-Oct-2024/1835348 |access-date=2024-10-21 |website=Nawaiwaqt |language=}} Bloomberg stated the amendment was "seen as a major boost to the government faced with economic challenges and a barrage of protests." With Marva Khan stating it “essentially signifies a stronger coalition government going forward," with power over judicial appointments. Bilawal Bhutto claimed that prior the judiciary had "undermined democracy and strengthened military rulers."{{Cite news |date=2024-10-21 |title=Pakistan Lawmakers Change Constitution to Strengthen Influence |url=https://www.bloomberg.com/news/articles/2024-10-21/pakistan-lawmakers-change-constitution-to-strengthen-influence |access-date=2024-10-21 |work=Bloomberg.com |language=en}}