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The National Assembly of Pakistan approved the 26th Constitutional Amendment Bill on Monday, with international groups voicing concerns about its erosion of judicial independence in the country.
The amendment modifies Article 175 of the Constitution, introducing a selection process for the Chief Justice of Pakistan. A parliamentary committee will select the Chief Justice from the three most senior judges of the Supreme Court, subject to the president’s approval. The Chief Justice will serve a three-year term, with a retirement age of 65.
The amendment also mandates the establishment of constitutional benches, with the senior-most judge presiding, in both the Supreme Court and the high courts. The structure of the Constitutional Bench will be determined at the federal level by a joint sitting of parliament and at the provincial level by the respective provincial assembly, requiring a simple majority.
Amendments to Article 215 of the Constitution stipulate that members of the Election Commission of Pakistan will remain in their positions until their successors are appointed, ensuring continuity and stability in the electoral process.
The reform also lowers the threshold for referring matters to the Council of Islamic Ideology from the support of 40 percent of parliamentarians to 25 percent.
Beyond judicial changes, the amendment includes provisions for environmental protection, recognizing it as a basic right for citizens. It aims to eliminate a usury-based economy by 2028, addressing long-standing economic issues tied to traditional practices.
Defence Minister Khawaja Asif stated that the amendment “aims to restore the parliament’s authority” and empowers the people through their elected representatives. On the other hand, the International Commission of Jurists contended that the amendments erode the judicial independence of the country by “bring[ing] an extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration.”
Previously, critics have voiced concerns about the amendment’s incompatibility with Pakistan’s precedent-based common law system. Former Pakistani prime minister Imran Khan also appealed to the UN Speak Rapporteur on Judges and Lawyers, arguing that the amendments would restrict Khan’s right to challenge judicial rulings and coercive measures targeting Khan.
The newly passed bill will now be sent to the president for assent under Article 75 of the Constitution. Following the federal cabinet’s approval, Prime Minister Shehbaz Sharif congratulated the decision as a major achievement for Pakistan’s development and progress. He stated that “y the grace of Allah, after stabilizing the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan.”
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The amendment modifies Article 175 of the Constitution, introducing a selection process for the Chief Justice of Pakistan. A parliamentary committee will select the Chief Justice from the three most senior judges of the Supreme Court, subject to the president’s approval. The Chief Justice will serve a three-year term, with a retirement age of 65.
The amendment also mandates the establishment of constitutional benches, with the senior-most judge presiding, in both the Supreme Court and the high courts. The structure of the Constitutional Bench will be determined at the federal level by a joint sitting of parliament and at the provincial level by the respective provincial assembly, requiring a simple majority.
Amendments to Article 215 of the Constitution stipulate that members of the Election Commission of Pakistan will remain in their positions until their successors are appointed, ensuring continuity and stability in the electoral process.
The reform also lowers the threshold for referring matters to the Council of Islamic Ideology from the support of 40 percent of parliamentarians to 25 percent.
Beyond judicial changes, the amendment includes provisions for environmental protection, recognizing it as a basic right for citizens. It aims to eliminate a usury-based economy by 2028, addressing long-standing economic issues tied to traditional practices.
Defence Minister Khawaja Asif stated that the amendment “aims to restore the parliament’s authority” and empowers the people through their elected representatives. On the other hand, the International Commission of Jurists contended that the amendments erode the judicial independence of the country by “bring[ing] an extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration.”
Previously, critics have voiced concerns about the amendment’s incompatibility with Pakistan’s precedent-based common law system. Former Pakistani prime minister Imran Khan also appealed to the UN Speak Rapporteur on Judges and Lawyers, arguing that the amendments would restrict Khan’s right to challenge judicial rulings and coercive measures targeting Khan.
The newly passed bill will now be sent to the president for assent under Article 75 of the Constitution. Following the federal cabinet’s approval, Prime Minister Shehbaz Sharif congratulated the decision as a major achievement for Pakistan’s development and progress. He stated that “y the grace of Allah, after stabilizing the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan.”
The post Pakistan parliament approves constitutional amendment amid judicial independence concerns appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.