Islamabad, Oct 22: Pakistan on Monday enacted a law, capping the Chief Justice’s tenure to three years and setting up a special commission to appoint the top judge from three senior-most judges of the Supreme Court, amid opposition from the jailed former prime minister Imran Khan’s party.President Asif Ali Zardari on Monday gave his assent to the Constitution (26th Amendment) Act, 2024, after it was passed by both Houses of Parliament – the Senate and the National Assembly.
With the 26th Constitution Amendment Bill becoming law, the government can now block Justice Masoor Ali Shah from succeeding the current Chief Justice Qazi Faez Isa, who is set to retire on October 25 after reaching superannuation, which is 65 years.
The original idea of extending the retirement age of judges from 65 to 68 was not part of the amendment.
On Sunday, the bill was greenlit by the Senate with a two-thirds majority. Then, during a session that began late on Sunday night and continued past 5 am on Monday, the National Assembly also passed the bill, which the opposition alleges is aimed at watering down the powers of the independent judiciary, with 225 members in the 336-member house supporting the proposed legislation.
According to a National Assembly secretariat notification, ‘The Constitution (26th Amendment) Act, 2024’ “received the assent of the President”.
The Pakistan Tehreek-e-Insaf (PTI) and the Sunni-Ittehad Council (SIC) opposed the amendment in the National Assembly, but six independent members who held their seats with the support of the PTI supported the bill.
He said the changes would help expedite the dispensation of justice by the apex court.
The amendment blocked the automatic rise of the senior-most Supreme Court judge to the post of chief justice after the incumbent CJP retired.
Speaker Ayaz Sadiq presided over the proceedings in the National Assembly.
According to a statement from the Prime Minister’s Office (PMO), Prime Minister Shehbaz Sharif has signed the advice for President Asif Ali Zardari to ratify the 26th constitutional amendment.
Following the bill’s passage, Shehbaz said in the parliament: “Today’s amendment, the 26th, is not just an amendment, but an example of national solidarity and consensus. A new sun will rise, emanating across the nation.”
The opposition alleged the entire exercise was aimed at blocking Justice Mansoor Ali Shah’s appointment from becoming the chief justice on the retirement of current CJP Qazi Faez Isa on October 25.