26th Constitutional Amendment passed: Here’s what you need to know

The coalition government’s much-awaited 26th Constitutional Amendment Bill has been passed by both the Senate and the National Assembly in the wee hours of Monday morning.

The Constitutional Amendment bill has been sent to President Asif Ali Zardari, following the approval from Prime Minister Shehbaz Sharif.

The bill, containing 22 clauses, was presented by Federal Law Minister Azam Nazeer Tarar in the Senate where it secured 65 votes, a two-thirds majority in the Upper House.

Following the voting, Chairman Senate Yousaf Raza Gilani stated, “Sixty-five members are in favour of the motion regarding the passage of the bill, and four members are against it. So, the motion is carried out by the votes of not less than two-thirds of the total membership of the Senate, and consequently, the bill stands passed.”

The 26th Constitutional Amendment bill was tabled at the National Assembly following approval from the Upper House and passed with a two-thirds majority as 225 lawmakers voted in favour of the bill in NA, while the magic number in the Lower House was 224 votes.

Pakistan Tehreek-e-Insaf (PTI) and Sunni Ittehad Council’s 12 Member National Assembly (MNA) opposed the Constitutional Amendments In the National Assembly.

“225 members cast their votes for ayes, 12 for nos. Consequently, the bill is passed by the assembly by not less than two-thirds of the total membership of the assembly,” the Speaker of the National Assembly Ayaz Sadiq said.

Following the passage of the bill from the NA, Prime Minister Shehbaz Sharif remarked, “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 key points of the 26th Constitutional Amendment

The much-debated Federal Constitutional Court (FCC) has been dropped from the Constitutional Amendments bill. However, it has been suggested that constitutional benches be formed in the Supreme Court (SC) of Pakistan to deal with constitutional matters.

The Supreme Judicial Commission (SJC), headed by the Chief Justice of Pakistan and including the three most senior judges of the Supreme Court, two senators and two MNAs, a Law Minister and the Attorney General of Pakistan will form the constitutional bench and ensure that all provinces get representation on it.

The minimum number of judges in the constitutional bench would be five.

A 12-member special parliamentary committee, including eight members from the National Assembly and four Senators, would be responsible for sending the names of the three most senior judges of the top court to PM Pakistan for the appointment of Chief Justice of Pakistan.

The Chief Justice’s retirement age is fixed at 65 years of age.