GP Short Notes

GP Short Notes # 948, 22 October 2024

President approves the 26th Constitutional Amendment amid internal and external opposition


On 21 October, The Express Tribune reported that President Asif Ali Zardari has signed the 26th Constitutional Amendment after it was passed by both houses of the parliament with a two-thirds majority. Prime Minister Shehbaz Sharif termed the passing of the amendment as a “shining example of national consensus.” He claimed that the amendment would complete the vision of the Charter of Democracy introduced by former Prime Minister Benazir Bhutto and Nawaz Sharif. Also, he thanked Bilawal Bhutto Zardari and Maulana Fazlur Rehman for their efforts to ensure successful passing of the amendment. He further emphasized that the amendments would help in ensuring easier access to justice and protect the country’s future.

PTI  renounces the party members who had voted in support of the amendment
On the same day, PTI announced that those members who had voted in support of the constitutional amendment would no longer be a part of the party. PTI members who voted in favor of the amendment are Zahoor Qureshi, Aurangzeb Khichi, Usman Ali and Mubarak Zeb. In response, PTI is planning to file a reference with the speaker on the matter and approach the Election Commission of Pakistan (ECP) and the Supreme Court thereafter. PTI’s Raoof Hasan, however, expressed skepticism over the possibility of any action by the Speaker of the National Assembly as Article 63-A has been altered, thus making it possible for the members to go against the party policy. Additionally, PTI’s Member of National Assembly Zain Qureshi has dismissed all reports of him being present during the voting on constitutional amendment and claimed that he was in hiding as directed by his father Shah Mehmood Qureshi who is in jail.  

JI chief to approach SC
On the same day, at a press conference the Jamaat-e-Islami (JI) Chief Hafiz Naeemur Rehman rejected the 26th Constitutional Amendment Act as he was doubtful of the entire process. He stated that he would speak with his party members and approach the Supreme Court (SC) to protest against the law. He commented that the appointment of the Chief Justice of Pakistan (CJP) would be an “ambiguous process” as it would be carried out with the approval of the government and the parliamentary committee to control the institutions of the state. He was also of the opinion that due to the difference in ranks within the judicial system, the judges themselves allowed the 1973 constitution to be altered. He questioned whether a parliament formed by the Form 47 is actually qualified to make such changes in the constitution as the Pakistan Muslim League (N) (PML-N) president, his sibling and daughter have allegedly earned their positions through fake votes. Referring to other opposition parties, he expressed that Jamiat-e-Ulema-e-Islami-F’s (JUI-F) Maulana Fazlur Rehman should not have supported the amendment, nor should have the PakistanTehreek-e-Insaaf (PTI) been included in the consultation process as it could have swayed public opinion. 

Karachi Bar complains of non-transparency
 The Express Tribune reported that the Karachi Bar has refused to accept the 26th Constitutional Amendment citing  non-transparency and flaws in the method used for the passage. Karachi Bar Association President Aamir Nawaz Warraich has also raised concerns about possible involvement of Chief Justice Qazi Faez Isa in the appointment of judges in line with the wishes of the executive. Further, he also expressed his unhappiness towards the decision of not nominating Justice Mansoor for the post of Chief Justice. 

ICJ considers the amendment as a compromise on “judicial independence, the rule of law, and human rights protection”
On 21 October, the International Court of Jurists (ICJ) disapproved of the recent approval of the 26th constitutional amendment. The ICJ deemed this a compromise on “judicial independence, the rule of law, and human rights protection” in Pakistan.  ICJ Secretary General Santiago Canton was of the opinion that these changes were heavily influenced by politics. He was alarmed by how a bill of public importance was passed in such a speedy and secretive manner as it received the Senate, National Assembly and the President’s assent within 24 hours. Criticizing the composition of the Judicial Commission of Pakistan (JCP), the ICJ expressed that it would make room for “direct political influence” over the judiciary and even turn the members of the JCP into a minority. It would result in the formation of “tailor-made” benches to address certain cases which may be politically significant. It ultimately raises concerns of whether or not the JCP constituted benches will be independent or impartial. In his statement, Canton said: “These amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers and the independence of the judiciary.”

References
President approves 26th Constitutional Amendment,” The Express Tribune, 21 October 2024
Ikram Junaidi, “
PTI plans legal action against ‘defectors’,”Dawn, 22 October 2024
Karachi Bar rejects 26th amendment, warns of risks to judiciary’s independence,” The Express Tribune, 21 October 2024
Nadir Guramani, “
ICJ derides ‘blow to judicial independence’ as 26th Constitutional Amendment becomes law,” Dawn, 21 October 2024
Muhammad Anis, “
JI to move SC against 26th Amendment,” The News International, 22 October 2024

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