Pakistan's parliament passes legislation regulating powers of judiciary

KARACHI, Pakistan

Pakistan's parliament passed legislation Sunday to regulate the country's judicial system in what critics warn will "damage" the country's constitution.

The legislation, titled the 26th Constitutional Amendment Bill 2024, sailed through both the upper Senate and lower National Assembly as the opposition Pakistan Tehreek-e-Insaf (PTI) party of jailed ex-Prime Minister Imran Khan boycotted the vote.

The 22-point "Constitutional Package" had the support of 65 senators and 225 members of the National Assembly, enough to meet the requirement of a two-thirds majority to alter the constitution.

This came hours after the federal Cabinet that met with Prime Minister Shehbaz Sharif in the chair approved the proposed draft after seeking consensus from the government’s coalition parties.

The bill was delayed several times due to opposition against some points from Jamiat Ulema Islam (JUI), a mainstream religio-political party which has five senators and eight National Assembly members, crucial for passage of the legislation.

The JUI forced the ruling alliance to drop the idea of a Constitutional Court, equivalent to the Supreme Court, to hear political and constitutional cases.

According to the latest legislation, the Supreme Court's chief justice will be appointed for a three-year period by the government on the recommendation of a 12-member parliamentary committee.

The committee, comprising proportional membership from parties in parliament, will pick the top judge among the three most senior with a two-thirds majority.

Previously, the senior-most judge would automatically become chief justice and continue serving until the retirement age of 65.

In addition, a judicial commission led by the chief justice and comprising the four most senior judges, along with four lawmakers and a representative of the Pakistan Bar Council, will appoint the new supreme court judges.

Instead of the chief justice, the judicial commission will decide the benches and their members following approval of the new legislation.

In the future, a five-member "constitutional bench" of the top court will hear political and constitutional cases.

The package also included the ending of the country's interest-based financial system by 2028.

Opposition leader in the Senate Ali Zafar said the PTI and its allies did not take part in the voting in protest as the new amendments will "damage" the constitution.

Addressing the house, Zafar said the party required more time for consultation on the legislation at the directive of the incarcerated party leader.

Since the government has moved the legislation in an unnecessary rush, the PTI could not support it, he added.

He also accused the government of harassing and intimidating PTI lawmakers, a charge the former denied.