High-Stakes Judicial Reforms in Jeopardy: 26th Constitutional Amendment Bill Delayed

Government delayed presenting the highly

anticipated Bill in the National Assembly due to

ongoing disagreements with Maulana Fazal

News Desk

Islamabad: The government has delayed presenting the highly anticipated 26th Constitutional Amendment Bill in the National Assembly due to ongoing disagreements with Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman. Initially set to be discussed during a federal cabinet meeting, the session was postponed after failing to gather the necessary political support.

Deadlock Over Judicial Amendments

The proposed amendments primarily focus on reshaping Pakistan’s judicial structure. Sources reveal that Article 175-A and related clauses, dealing with the Judicial Commission of Pakistan (JCP), are set to be revised. The JCP, introduced under the 18th Amendment, governs the appointment of high court and Supreme Court judges. Proposed changes would alter the current power dynamics between the JCP and the Parliamentary Committee on Judicial Appointments, granting the judiciary more control.

Other key changes include:

• Article 177 and 180: Revising the process for appointing the Chief Justice of Pakistan.
• Article 179: Adjusting the tenure of the Chief Justice to three years.
• Article 200: Allowing the transfer of high court judges across provinces without their consent, with the approval of the Chief Justice of Pakistan.

Creation of a Federal Constitutional Court

A significant component of the package involves establishing a Federal Constitutional Court. This court would address petitions related to Articles 184, 185, and 186, reshaping the country’s judicial landscape by separating constitutional matters from the Supreme Court.

Political Tensions Continue

The government’s inability to secure the backing of JUI-F and other coalition partners like Pakistan Tehreek-e-Insaf (PTI) has prolonged the political stalemate. The ruling Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP) lack the required two-thirds majority in the National Assembly, needing 224 votes but only holding 213. Efforts to win the support of independent members and JUI-F have so far been unsuccessful.

As the government scrambles to build consensus, the deadlock may continue to delay crucial legislative reforms. With Maulana Fazlur Rehman calling for more extensive debate and opposition parties resisting rushed proceedings, the future of the 26th Amendment remains uncertain.

Proposed Key Amendments in the Constitutional Package

1. Judicial Reforms: Amendments to Articles 175-A, 177, 179, and 200, affecting the Judicial Commission and judicial appointments.
2. Tenure Revisions: Fixing the Chief Justice’s term at three years and extending the retirement age for judges.
3. Constitutional Court: Establishing a Federal Constitutional Court to handle constitutional disputes.
4. Balochistan Representation: Increasing Balochistan Assembly seats from 65 to 81.
5. CJP Appointment: Introduction of a five-member panel to appoint the Chief Justice of Pakistan.

Despite the government’s persistence, significant political hurdles remain as the ruling coalition strives to gather the votes needed for this landmark reform.