Islamabad, Oct 21 : In a significant move, Pakistan’s National Assembly passed a controversial judicial amendment bill early Monday, limiting the tenure of the chief justice to three years. Following an overnight debate, the 26th Constitution Amendment Bill received support from 225 out of 336 members in the assembly, despite opposition claims that the bill seeks to undermine the independence of the judiciary.
The amendment had previously been approved by the Senate with a vote of 65-4, achieving the necessary two-thirds majority. The ruling coalition required 64 votes in the upper house to pass the amendment, which has now moved to the president for assent and will become law after his signature under Article 75 of Pakistan’s Constitution.
The bill introduces a series of constitutional changes, including the establishment of a special commission responsible for appointing the chief justice from among the three senior-most judges of the Supreme Court. Law Minister Azam Nazeer Tarar, who presented the bill in the Senate, emphasized that this “new-face” commission would consist of the Chief Justice, four senior-most Supreme Court judges, two senators, and two National Assembly members—one from each opposition party. He claimed these changes aim to expedite the delivery of justice by the apex court.
A key feature of the amendment is its prohibition of the automatic elevation of the senior-most Supreme Court judge to the chief justice position following the retirement of the incumbent. Speaker Ayaz Sadiq oversaw the proceedings in the National Assembly, which culminated in the bill’s passage.
Following the bill’s approval, Prime Minister Shehbaz Sharif expressed that the amendment represents not just a legislative change but a demonstration of national solidarity and consensus. He remarked, “A new sun will rise, emanating across the nation.”
However, the opposition vehemently criticized the amendment, suggesting it was designed to prevent Justice Mansoor Ali Shah from ascending to the chief justice role when the current Chief Justice Qazi Faez Isa retires on October 25. PTI leader Hammad Azhar condemned the amendment as “a death blow to the independence of the judiciary,” arguing that granting the government the power to appoint judges would politicize the judicial system.
Another PTI figure, Salman Akram Raja, described this moment as “the bleakest in our parliament’s history,” alleging it effectively hands control of the judiciary to the executive branch. PTI leader Ali Zafar raised concerns about coercion within his party, stating that many senators were absent out of fear of abduction.
Bilawal Bhutto-Zardari, chief of the Pakistan People’s Party and a key advocate for the amendment, affirmed the government’s commitment to proceed with the amendment regardless of the PTI’s position. He declared, “We have waited for as long as we could, and today, under any circumstance, this work will be completed.”
