Recent developments
On 20 October, Dawn reported that the 26th Constitutional Amendment which consists of 27 clauses received approval from both the Senate and National Assembly. It has now been sent to the President Zardari for his approval. The amendment required 224 votes in the National Assembly for its approval which translates to a two-thirds majority. It received 225 votes in its favor whereas 12 members who belonged to the PTI and Sunni Ittehad Council (SIC) opposed it. The in favor votes included 211 votes from the ruling coalition, eight votes from JUI-F and six votes from the Independents and PTI-backed candidates. 

In the Senate, the bill got support from 65 members while four members opposed it. The in favor votes included 23 from Pakistan People’s Party (PPP), 19 from Pakistan Muslim League-Nawaz (PML-N), five from Jamiat Ulema-e-Islam (JUI-F), four from Balochistan Awami Party (BAP),  four independent senators two from Balochistan National Party(BNP), three from Awami National Party(ANP) and three from Muttahida Qaumi Movement Pakistan(MQM-P) and one each from Pakistan Muslim League-Qaid(PMlQ) and National Party. PPP Chairman Bilawal Bhutto Zardari thanked JUI-F Chief Maulana Fazlur Rehman for playing a significant role in helping the ruling coalition to get the bill passed. Defense Minister Khwaja Asif claimed that constitutional amendment was not something that they “newly invented” and that it was the need of the hour for continuing the agreement made upon the “Charter of Democracy” which had previously received consensus from all the Political parties. Maulana Fazlur Rehman expressed his gratitude for all the political parties including PTI for getting the bill passed successfully in both the houses.

PTI’s conflicted stance/ opposition
In line with its opposition to the proposed constitutional amendments, the PTI did not participate in the voting process for the same. PTI expressed its dissatisfaction with the manner in which the Constitutional Amendment bill was passed. PTI Senator Ali Zafar saw it as something similar to 1956 and 1962 constitutions which supposedly did not have national consensus. He accused the Federal Government of forcing members of the Parliament to vote in their favor. He further reminded the PPP and PML-N of how both the parties in the past had fallen prey to Article 58 of the constitution and claimed that PTI members did not show up due to the fear of getting arrested.The political committee of the PTI claimed that the current ruling coalition did not have any legitimacy to introduce any changes in the constitution and that they would protest outside the residence of the members who take part in the voting process. PTI Chairman Barrister Gohar Khan had also alleged that its party senators Zarqa Taimur and Faisal Saleem might possibly vote  against the party line. Interestingly, PTI’s Usman Ali, Aurangzeb Khichi, Mubarak Zeb and Zahoor Quereshi voted in support of the amendment.

Media Responses
An editorial in Dawn titled “26th Amendment” discussed the possible constructive role that could have been played by the PTI and the ruling coalition parties through consensus building with regard to the Constitutional amendment that was passed in the National Assembly and Senate.  The editorial highlighted how the PTI, though recognizing that the current version of the proposed constitutional amendments was much better than its predecessor, lost a crucial opportunity to propose any further changes as it boycotted the voting process. It stated that the proposed bill which had excluded 28 amendments of initial drafts was acceptable to all parties with PTI maintaining that it would have participated in the voting process if it was given more time to discuss the same with the party head Imran Khan. The editorial emphasized upon how the ruling coalition might misappropriate the powers given to them as per the amendments in relation to the appointment of Supreme Court Chief Justice by appointing a like-minded judge. On the same, it criticized PTI for being absent, thus not being able to challenge the amendment which could lead to possible misuse of power by the ruling coalition. The editorial also pointed out that it was  the responsibility of the ruling coalition to build consensus over constitutional amendment by arguing that it should have waited for a few more days before tabling the bill which would have given PTI a chance to come on board.  

Interestingly, an editorial in The Nation titled “Judiciary Revamped” cited the PTI’s statement that it is not against the amendment per se  but has chosen to not vote as a success for the government’s “consensus-building efforts.” The editorial termed the expansion of the Judicial Commission as “the most significant feature” of the amendments. It  also discussed the changes which would come with the aforementioned amendment in the appointment of superior judges. It pointed out that the Judicial Commission which was earlier led by the Chief Justice of Pakistan (CJP) and advised by the Prime Minister would now also include two senators and two Members of the National Assembly (MNA) where one would be from the Opposition, technocrats and representation from marginalized communities. The editorial pointed out the fact that the country’s judiciary is one of the institutions that has not seen any change since the colonial times with judges getting government-appointed mansions and long summer vacations. The editorial further opined that expanding the role of parliament in the appointment of judges would help to ensure the accountability of the latter and that they do not act according to their personal wishes.

An editorial in The News International titled “26th Amendment,” discussed the polarizing views that the constitutional amendment has generated with some viewing it as a win for parliament sovereignty while others viewing it as an attack on judicial independence. The editorial highlighted the views expressed by proponents of the amendment who claim that the legislation would bring long awaited accountability and transparency in the working of the judiciary as it would empower the Parliament in playing a significant role in the appointment of judges and monitoring their operation. Proponents strongly reckon that the judiciary must not function in isolation and should be under the watch of democratic system. The editorial also highlighted the concerns of the opponents who fear that the government might misuse its power, thus compromising the impartiality of the judiciary. Opponents strongly oppose the power given to the Parliament in suggesting names of the judges, arguing that the latter must be free from political influence. Despite terming the the 26^th Constitutional Amendment as “momentous”, the editorial opined that it is a a “polarizing” development that has changed the balance between judiciary and the legislature. 

References  
 “PTI to boycott vote on constitutional amendments,” The Express Tribune, 20 October 2024)
 “PTI senator Ali Zafar opposes constitutional amendment, calls process ‘unconstitutional’,” The Express Tribune, 20 October 2024
 “26^th Amendment,” Dawn, 21 October 2024
 “Judiciary Revamped,” The Nation, 21 October 2024
 “26^th Amendment,” The News International, 21 October 2024
Nadir Guramani and Syed Irfan Raza, “Ruling coalition’s efforts fruitful as 26^th Constitutional amendment finally sails through the parliament,” Dawn, 20 October 2024
Asim Yasin, “Parliament gains the upper hand over judiciary through 26^th Constitutional Amendment: Ruling Coalition gets its way, finally,” The News International, 21 October 2024