{"id":86154,"date":"2024-10-20T22:07:04","date_gmt":"2024-10-20T22:07:04","guid":{"rendered":"https:\/\/pakistaninewspaperlist.com\/news\/what-is-the-26th-constitutional-amendment\/"},"modified":"2024-10-20T22:07:04","modified_gmt":"2024-10-20T22:07:04","slug":"what-is-the-26th-constitutional-amendment","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/what-is-the-26th-constitutional-amendment\/","title":{"rendered":"What is the 26th Constitutional Amendment?"},"content":{"rendered":"<p><\/p>\n<p>The government has made hectic efforts since last month to bring what it says are judicial reforms in the country&#8217;s &#8220;wider interest&#8221;. This piece details those changes to the Constitution.<\/p>\n<div dir=\"auto\">\n<p>Since last month, the ruling coalition had been intensively lobbying political parties in parliament to gain backing for constitutional amendments, primarily focused on the judiciary.<\/p>\n<p>The 26th Consti\u00adtutional Amendment Bill, also known as the Constitutional Package, is legislation <a href=\"https:\/\/www.dawn.com\/news\/1866148\/the-elected-seek-greater-role-in-picking-judges\">aimed at<\/a> taking away the Supreme Court\u2019s suo motu powers, setting the chief justice of Pakistan\u2019s (CJP) term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.<\/p>\n<p>Today (October 20), the draft of the bill was <a href=\"https:\/\/www.dawn.com\/news\/1866452\/na-session-underway-to-pass-26th-constitutional-amendment-bill-after-senate-approval\">passed by the Senate<\/a> with a two-thirds majority. The bill is now expected to be passed by the National Assembly, a session for which is currently underway.<\/p>\n<p>An earlier attempt in September by the ruling PML-N to bulldoze the amendments <a href=\"https:\/\/www.dawn.com\/news\/1859329\/constitutional-package-not-tabled-in-federal-cabinet-yet-law-minister-tells-na\">did not succeed<\/a> as it failed to win over the JUI-F and the legislation could not be tabled despite houses being in session.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1866477\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>A special parliamentary committee <a href=\"https:\/\/www.dawn.com\/news\/1858465#:~:text=%E2%80%A2%20Special%2018%2Dmember%20committee%20formed%20for%20%E2%80%98smooth%20functioning%E2%80%99%20of%20parliament\">formed<\/a> last month \u2014 which has the representation of all parties, including the PTI \u2014 had been discussing various proposals.<\/p>\n<p>Maulana Fazlur Rehman, chief of the Jamiat Ulema-i-Islam-Fazl (JUI-F), has been playing a <a href=\"https:\/\/www.dawn.com\/news\/1866184\/fazls-home-becomes-neutral-ground-for-political-foes\">key mediating role<\/a> as the opposition <a href=\"https:\/\/www.dawn.com\/news\/1858854\">voiced concerns<\/a> about the proposed amendments as well as <a href=\"https:\/\/www.dawn.com\/news\/1865893\/opposition-outraged-by-arm-twisting-over-constitutional-tweaks\">alleged intimidation<\/a> of its lawmakers for their support for the draft.<\/p>\n<p>A major bone of contention was a proposed <a href=\"https:\/\/www.dawn.com\/news\/1862545\">Federal Constitutional Court<\/a>, which the PTI opposed and Fazl <a href=\"https:\/\/www.dawn.com\/news\/1865751#:~:text=demand%20for%20a%20five%2Dstrong%20constitutional%20bench\">demanded<\/a> a constitutional bench instead, which the draft now incorporates.<\/p>\n<p>While the JUI-F had <a href=\"https:\/\/www.dawn.com\/news\/1865420\">reached an agreement<\/a> on the draft with the PPP earlier this month, the PTI said it had \u201c<a href=\"https:\/\/www.dawn.com\/news\/1866452\/law-minister-tarar-tables-constitutional-amendment-bill-in-senate#:~:text=PTI%20says%20%E2%80%98no%20objection%E2%80%99%20to%20draft%20but%20decides%20not%20to%20vote\">no objections<\/a>\u201d to the final draft but officially boycotted the voting procedure.<\/p>\n<p>The initial draft had <a rel=\"noopener noreferrer\" target=\"_blank\" class=\"link--external\" href=\"https:\/\/tribune.com.pk\/story\/2496623\/details-of-56-constitutional-amendments-revealed\">reportedly<\/a> proposed 56 amendments. However, after many deliberations among the parties, these were reduced to 22 in the final version that landed in the parliament.<\/p>\n<p>This piece details those amendments mentioned in the bill, a copy of which is available with <em>Dawn.com<\/em>. They are to \u201ccome into force at once\u201d.<\/p>\n<h2><a id=\"appointment-of-cjp-expansion-of-parliamentary-committee\" href=\"#appointment-of-cjp-expansion-of-parliamentary-committee\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Appointment of CJP; expansion of parliamentary committee<\/h2>\n<p>The greatest number of amendments are to Article 175A, which deals with the process of appointment of judges to the Supreme Court, high courts and the Federal Shariat Court (FSC).<\/p>\n<p>Under amendments proposed to clause 3 of Article 175A, instead of the president appointing the \u201cmost senior judge of the Supreme Court\u201d as the CJP, the top judge will now be \u201cappointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior\u201d SC judges.<\/p>\n<p>The committee, constituted for the same purpose, shall send the name of the nominee to the prime minister who shall forward the same to the president for the appointment.<\/p>\n<p>Clause 8 earlier said the JCP may forward its nominations for each vacancy of SC, high court, or FSC judges to an eight-member parliamentary committee, which would have sent to the premier who would forward it to the president.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1864677\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Under an amendment to the clause, the JCP will now send its nominations directly to the \u201cprime minister who shall forward the same to the president for appointment\u201d.<\/p>\n<p>Accordingly, clauses 9, 10, 11, 12 and 13 pertaining to the older eight-member committee shall be omitted.<\/p>\n<p>Under a new clause 3A, the Special Parliamentary Committee shall consist of the following twelve members, namely:<\/p>\n<p>(i) eight members from the National Assembly; and<\/p>\n<p>(ii) four members from the Senate:<\/p>\n<p>\u201cProvided that when the National Assembly stands dissolved, the total membership of the committee shall consist of the members from the Senate only mentioned in paragraph (ii) and the provisions of this Article shall, <em>mutatis mutandis<\/em>, apply,\u201d the draft adds.<\/p>\n<p>Under clause 3B, the \u201cparliamentary parties shall have proportional representation on the committee, based on their strength in Majlis-i-Shoora (Parliament), to be nominated by their respective parliamentary leaders. The chairman and the speaker of the National Assembly, as the case may be, shall notify members of the committee\u201d.<\/p>\n<p>Under clause 3C, the Committee shall send the nomination, \u201cby majority of not less than two-thirds of its total membership, within 14 days prior to the retirement\u201d of the CJP.<\/p>\n<p>The draft adds: Provided that the first nomination under clause (3), after the 26th Amendment is in force, shall be sent \u201cwithin three days prior to the retirement\u201d of the top judge.<\/p>\n<p>Under a new clause 3D, \u201cno action or decision taken by the Commission or the Committee shall be invalid or called in question only on the ground of existence of a vacancy therein or of the absence of any member from any meeting thereof\u201d.<\/p>\n<p>Clause 3E states that the committee\u2019s meetings shall be held in-camera and the record of its proceedings shall be maintained.<\/p>\n<p>According to clause 3F, the provisions of Article 68, which bars lawmakers from discussing the conduct of any SC or high court judge in the discharge of their duties, \u201cshall not apply to the proceedings of the committee\u201d.<\/p>\n<p>Under clause 3G, the committee \u201cmay make rules for regulating its procedure\u201d.<\/p>\n<p>Subsequently, clauses 15, 16, and 17 of Article 175A \u2014 which pertained to a previous eight-member parliamentary committee and read the same as clauses 3E, 3F, and 3G \u2014 will be omitted.<\/p>\n<p>For clause (4) of Article 175A which previously empowered the JCP to make rules regulating its procedure, the draft proposes that the JCP may now \u201cmake rules regulating its procedure including the procedure and criteria for assessment, evaluation and fitness for appointment of judges\u201d.<\/p>\n<p>The word \u201cor a committee\u201d shall be omitted from clause 14, which earlier read: \u201cNo action or decision taken by the [JCP] or a committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.\u201d<\/p>\n<p>Under more judicial reforms, the CJP\u2019s term has been limited to a maximum of three years.<\/p>\n<p>The change has been introduced to Article 179, which will now read: \u201cA Judge of the Supreme Court shall hold office until he attains the age of 65 years, unless he sooner resigns or is removed from office in accordance with the Constitution.<\/p>\n<p>The above has the condition that the CJP\u2019s term \u201cshall be three years or unless he sooner resigns or attains the age of 65 years or is removed from his office in accordance with the Constitution, whichever is earlier\u201d, as well as provided further that the top judge, \u201con completion of his term of three years, shall stand retired notwithstanding his age of superannuation\u201d.<\/p>\n<h2><a id=\"sc-high-court-powers\" href=\"#sc-high-court-powers\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>SC, high court powers<\/h2>\n<p>Another notable change has been made to Article 184, which deals with the apex court\u2019s original jurisdiction, taking away the SC\u2019s suo motu powers.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1856663\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>The following provision is to be added: \u201cProvided that the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause.\u201d<\/p>\n<p>Under a tweak to Article 186A, the apex court can now transfer cases from high courts to itself.<\/p>\n<p>It will now read: \u201cThe Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings, pending before any high court to any other high court or to itself.\u201d<\/p>\n<p>After an amendment to clause 2 of Article 185, which deals with the SC\u2019s appellate jurisdiction, an appeal shall lie to the SC from any judgment, decree, final order or sentence of a high court \u201cif the amount or value of the subject-matter of the dispute<br \/>\nin the court of first instance was, and also in dispute in appeal is, not less than one million rupees or such other sum as may be specified in that behalf by Act of [Majlis-i-Shoora (Parliament)]\u201d, rather than \u201cnot less than fifty thousand\u201d.<\/p>\n<p>In clause 1 of Article 187 (Issue and execution of processes of Supreme Court), the following provision is to be added: \u201cProvided that no order under this clause shall be passed otherwise than in pursuance of any jurisdiction vested in and exercised by the Supreme Court.\u201d<\/p>\n<p>In a tweak made to high courts\u2019 jurisdiction under Article 199, a new clause 1A is to be inserted, taking away their suo motu powers.<\/p>\n<p>Clause 1A reads: \u201cFor removal of doubt, the high court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under clause 1.\u201d<\/p>\n<h2><a id=\"formation-of-constitutional-benches-in-sc\" href=\"#formation-of-constitutional-benches-in-sc\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Formation of constitutional benches in SC<\/h2>\n<p>A new Article 191A (Constitutional Benches of the Supreme Court), is to be inserted into the Constitution for the formation of these judicial benches.<\/p>\n<p>Clause 1 reads: \u201cThere shall be Constitutional Benches of the Supreme Court, comprising such Judges of the Supreme Court and for such term, as may be nominated and determined by the Judicial Commission of Pakistan, from time to time, provided that the Constitutional Benches may comprise an equal number of Judges from each province.\u201d<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1866308\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Under clause 2 of Article 191A, the most senior judge among the judges nominated under clause 1 shall be the Presiding Judge of the Constitutional Benches.<\/p>\n<p>Clause 3 restricts SC benches other than Constitutional benches to \u201cexercise following jurisdictions vested in the Supreme Court\u201d, namely:<\/p>\n<p>(a) original jurisdiction of the Supreme Court under Article 184;<\/p>\n<p>(b) appellate jurisdiction of the Supreme Court under clause 3 of Article 185, where a judgment or order of a high court passed under Article 199 involves the constitutionality of any law or a substantial question of law as to the interpretation of the Constitution; and<\/p>\n<p>(c) advisory jurisdiction of the Supreme Court under Article 186.<\/p>\n<p>Under clause 4, for the purposes of clause 2, a bench comprising not less than five judges \u2014 to be nominated by a committee consisting of the Presiding Judge and the next two most senior judges from amongst the judges nominated under clause 1 \u2014 shall hear and dispose of such matters.<\/p>\n<p>According to clause 5 of Article 191A, \u201call petitions, appeals or review applications against judgments rendered or orders passed, to which clause 2 applies, pending or filed in the Supreme Court prior to commencement\u201d of the 26th Amendment would now stand transferred to the Constitutional Benches and shall only be heard and decided by benches constituted under clause 3.<\/p>\n<p>Clause 6 empowers the judges nominated in Clause 1 to make rules regulating the practice and procedure of the Constitutional Benches, \u201cnotwithstanding anything contained in the Constitution but subject to law\u201d.<\/p>\n<h2><a id=\"constitutional-benches-in-high-courts\" href=\"#constitutional-benches-in-high-courts\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Constitutional benches in high courts<\/h2>\n<p>A new Article 202A is to be inserted for the formation of constitutional benches in the high courts.<\/p>\n<p>Its clause 1 reads: \u201cThere shall be Constitutional Benches of a high court, comprising such judges of a high court and for such term, as may be nominated and determined by the Judicial Commission of Pakistan as constituted under clause 5 of Article 175A, from time to time.\u201d<\/p>\n<p>Under clause 2, the most senior Judge among the judges nominated in the above clause 1 shall be the head of the Constitutional Benches.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1864889\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>According to clause 3, no high court bench \u201cother than a Constitutional Bench shall exercise jurisdiction vested in the high court under sub-paragraph (i) of paragraph (a) and paragraph (c) of clause 1 of Article 199.<\/p>\n<p>The sub-paragraph (i) of Article 199 empowers high courts to direct a \u201cperson performing, within the territorial jurisdiction of the court, functions in connection with the affairs of the Federation, a province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do\u201d.<\/p>\n<p>Paragraph (c) allows high courts to \u201cmake an order giving such directions to any person or authority, including any government exercising any power or performing any<br \/>\nfunction in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any\u201d of the Constitutional fundamental rights.<\/p>\n<p>According to clause 4, a Bench \u2014 nominated by a committee consisting of the Head of Constitutional Benches and the next two most senior judges from amongst the judges nominated under clause 1 \u2014 shall hear and dispose of such matters.<\/p>\n<p>Under clause 5, all petitions under sub-paragraph (1) of paragraphs (a) and (c) of Article 199 or appeals therefrom, pending or filed in a high court prior to 26th Amendment Act\u2019s commencement, forthwith stand transferred to the Constitutional Benches and shall only be heard and decided by Benches constituted under clause 3 stated above.<\/p>\n<h2><a id=\"appointment-of-sc-judges\" href=\"#appointment-of-sc-judges\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Appointment of SC judges<\/h2>\n<p>The Judicial Commission of Pakistan (JCP), besides appointing the judges for the above-mentioned courts, will also conduct a \u201cperformance evaluation of Judges of the high courts\u201d.<\/p>\n<p>Under changes to Article 175A\u2019s Clause 2, which deals with the appointment of apex court judges, while the Chief Justice of Pakistan (CJP) retains their role as the chairperson, the JCP will now also feature a \u201cpresiding judge\u201d as a member.<\/p>\n<p>At the same time, \u201cfour most senior\u201d SC judges included as members have now been made three.<\/p>\n<p>A member meeting the following criteria has been removed: former CJP or SC judge to be nominated by the chief justice, \u201cin consultation with the [four] member Judges, for a term of two years\u201d.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1866148\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Earlier, one of the members was to be a \u201csenior advocate\u201d of the apex court nominated by the Pakistan Bar Council, for a term of two years. The said lawyer\u2019s experience has now been specified as an \u201cadvocate having not less than 15 years of practice in the SC\u201d, still to be nominated by the PBC.<\/p>\n<p>The law minister and the Attorney General of Pakistan also retain their role as members for appointing SC judges. However, lawmakers are also to be made part of the process under the amendments as follows:<\/p>\n<p>(vii) two members from the Senate and two members from the National Assembly of whom two shall be from the treasury benches, one from each House, and two from the opposition benches, one from each House. The nomination from the treasury benches shall be made by the Leader of the House and from the opposition benches by the Leader of the Opposition:<\/p>\n<p>During the time when the National Assembly stands dissolved, the remaining two members, for the purpose of this paragraph, shall be nominated from the Senate in the manner as aforesaid, for such period.<\/p>\n<p>Another member would be a \u201cwoman or non-Muslim, other than a member of Majlis-e-Shoora (Parliament), who is qualified to be a member of the Senate as a technocrat, to be nominated by the speaker of the National Assembly for a term of two years\u201d.<\/p>\n<p>The draft further adds an explanation to the same clause, that if the Presiding Judge is the CJP or from among the three most senior SC judges, the \u201cjudge who is next in seniority below\u201d those three shall become a member.<\/p>\n<p>Under an amendment to Article 177, which pertains to the appointment of SC judges, the following criteria of their experience shall be omitted: including [having been a judge of] a high court which \u201cexisted in Pakistan at any time before the commencing day\u201d.<\/p>\n<h2><a id=\"appointment-of-high-court-judges\" href=\"#appointment-of-high-court-judges\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Appointment of high court judges<\/h2>\n<p>The proposed amendments to Article 175A also introduce some notable changes to the procedure for appointing high court judges, incorporating the creation of constitutional benches.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1861646\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Under tweaks to clause 5(ii) of the Article, for the appointment of high court judges, instead of the \u201cmost senior Judge of that high court\u201d as one of the members, the \u201chead of Constitutional Benches of that high court\u201d shall be substituted.<\/p>\n<p>Accordingly, the earlier condition that the most senior judge mentioned in<br \/>\nparagraph (ii) shall not be a member of the JCP has been removed and the following explanation is to be added: \u201cExplanation.\u2014 If the Head of Constitutional Benches of a high court is the chief justice of that high court, the judge who is next in seniority shall become a member of the commission.\u201d<\/p>\n<p>A proviso earlier mentioned: \u201cProvided further that if for any reason the chief justice of high court is not available, he shall be substituted by a former chief justice or former judge of that court, to be nominated by the Chief Justice of Pakistan in consultation with the four-member judges of the Commission mentioned in paragraph (ii) of clause 2.\u201d<\/p>\n<p>This will now read:  \u201cProvided further that if for any reason the chief justice of the high court is not available, he shall be substituted by a former chief justice or former judge of that court, to be nominated by the Commission.\u201d<\/p>\n<p>Under an amendment to Article 193, the minimum age for a high court judge has been reduced to 40 years from 45 years.<\/p>\n<p>Clause 2 will now read: A person shall not be appointed as a judge of a high court unless he is a citizen of Pakistan, is not less than forty years of age, and<\/p>\n<p>(a) he has, for a period of not less than 10 years, been an advocate of a high court; or<\/p>\n<p>(b) he has, for a period of not less than 10 years, held a judicial office in Pakistan.<\/p>\n<p>The following criteria are to be removed: \u201cHe is, and has for a period of not less than 10 years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a district judge in Pakistan.\u201d<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:250px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1824028\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Under clause 6, besides the Islamabad High Court (IHC) chief justice and its most senior judge, the process for appointing IHC judges will now also incorporate the following as members:<\/p>\n<p>(iii) an advocate having not less than 15 years of practice in the high court to be nominated by the Islamabad Bar Council for a term of two years; and<\/p>\n<p>(iv) a federal minister nominated by the prime minister.<\/p>\n<h2><a id=\"performance-evaluations-of-high-court-judges\" href=\"#performance-evaluations-of-high-court-judges\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Performance evaluations of high court judges<\/h2>\n<p>The following new clauses will be inserted into Article 175A:<\/p>\n<ul>\n<li>\n<p>Clause 18 \u2014 The Commission in clause 2 shall conduct an annual performance evaluation of high court judges<\/p>\n<\/li>\n<li>\n<p>Clause 19 \u2014 If the performance of a judge of a high court is found by the Commission to be inefficient, it shall grant him such period for improvement, as it deems appropriate. If, upon completion of the period so granted, the performance of such judge is again found to be unsatisfactory, the Commission shall send its report to the Supreme Judicial Council<\/p>\n<\/li>\n<li>\n<p>Clause 20 \u2014 The Commission may make separate rules for setting up effective standards for performance evaluation for the purpose of clauses 18 and 19<\/p>\n<\/li>\n<li>\n<p>Clause 21 \u2014 For the purposes of this Article and subject to the rules made by the Commission, there shall be a secretariat of the Commission to be headed by a secretary and shall include such other officers and staff, as may be necessary<\/p>\n<\/li>\n<li>\n<p>Clause 22 \u2014 One-third of the members of the Commission may requisition a meeting of the Commission by sending a written request to the Chairperson (the CJP as stated in clause 2) who \u201cshall convene the meeting of the Commission not later than 15 days from the receipt of such requisition\u201d. If the Chairperson fails to convene a meeting within the aforesaid period, the Secretary shall convene the meeting within seven days of the expiry of that 15-day period.<\/p>\n<\/li>\n<li>\n<p>Clause 23 \u2014 For each anticipated or actual vacancy of an SC judge, the FSC chief justice, the chief justice of a high court, an FSC judge or a high court judge, any member of the Commission \u201cmay give nominations in the Commission for appointment against such vacancy\u201d.<\/p>\n<\/li>\n<\/ul>\n<h2><a id=\"right-to-clean-healthy-environment\" href=\"#right-to-clean-healthy-environment\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Right to clean, healthy environment<\/h2>\n<p>The bill proposes the insertion of a \u201cnew Article 9A\u201d into the Constitution. The insertion is as follows:<\/p>\n<p>\u201c9A. Clean and healthy environment \u2014 Every person shall be entitled to a clean, healthy and sustainable environment.\u201d<\/p>\n<h2><a id=\"fourth-schedule\" href=\"#fourth-schedule\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Fourth Schedule<\/h2>\n<p>Point 2 of Part 1 in the Fourth Schedule will now read: \u201cMilitary, naval and air force works; local self-government in cantonment areas; local taxes, fees, cess, charges, tolls in such areas; the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.\u201d<\/p>\n<p>The addition made is: \u201clocal taxes, fees, cess, charges, tolls in such areas\u201d.<\/p>\n<h2><a id=\"other-amendments\" href=\"#other-amendments\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Other amendments<\/h2>\n<p>Under a change made to Article 208, which deals with the appointment of officers and servants of courts, will now also allow the IHC \u2014 besides the SC and the FSC \u2014 to make rules for the same purpose.<\/p>\n<p>An amendment to clause 4 of Article 48 (president to act on advice, etc) proposes: \u201cThe question whether any, and if so what, advice was tendered to the president by the cabinet, or the prime minister, shall not be inquired into in, or by any court, tribunal or other authority.\u201d<\/p>\n<p>The earlier version had also included \u201ca minister or minister of state\u201d along with the president and prime minister.<\/p>\n<p>Under changes to paragraph (b) of Article 81, the expenditure charged upon the Federal Consolidated Fund will now also include \u201cadministrative expenses, including the remuneration payable to officers and staff\u201d of the Judicial Commission of Pakistan and the Supreme Judicial Council, besides, as stated before, the SC and other offices.<\/p>\n<p>Another paragraph (da) that is to be included states: \u201cany sums required to organise and conduct elections to the National Assembly, Senate, provincial assemblies and the local governments.\u201d<\/p>\n<p>An amendment made to Article 215 allows the chief election commissioner (CEC) and a member of the Election Commission of Pakistan (ECP) to \u201ccontinue to hold office until his successor enters upon the office\u201d, notwithstanding the expiration of his term.<\/p>\n<p>Article 255, which pertains to the oath of office, will now specify: \u201cWhere, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by the chief justice of a high court, in case of a province and by the CJP, in all other cases.\u201d<\/p>\n<p>Article 259, which deals with awards conferred by the president, \u201cnursing\u201d will be replaced with \u201cscience, technology, medicine, arts or public service\u201d.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The government has made hectic efforts since last month to bring what it says are judicial reforms in the country&#8217;s &#8220;wider interest&#8221;. This piece details those changes to the Constitution. Since last month, the ruling coalition had been intensively lobbying political parties in parliament to gain backing for constitutional amendments, primarily focused on the judiciary. 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