26th Constitutional Amendment awaits presidential assent after sailing through NA in late-night session

Month-long political negotiations concluded early Monday morning as the 26th Constitutional Amendment Bill, also known as the Constitutional Package, became law following approval from both houses of parliament.

The bill, which was initially greenlit by the Senate with a two-thirds majority, was presented in the National Assembly during a late-night session that began at 11:36pm and extended well past midnight, finally passing at 5am.

Following the conclusion of parliamentary procedures, Prime Minister Shehbaz Sharif, according to Radio Pakistan, sent his advice to President Asif Ali Zardari for his assent on the newly enacted law — the Constitution (Twenty-Sixth Amendment) Act, 2024.

The government required 224 votes to pass the bill. As voting commenced under the chairmanship of NA Speaker Ayaz Sadiq, 225 members of the National Assembly supported the motion, while 12 members from the PTI and the Sunni-Ittehad Council (SIC) opposed it.

The bill comprised 27 clauses. After the passage of the first clause, the PTI members walked out of the assembly.

The government secured 211 votes, with the JUI-F contributing eight votes and six coming from independent and PTI-backed candidates.

The PTI-backed independent members included Usman Ali, Aurangzeb Khichi, Mubarak Zeb, and Zahoor Qureshi, who voted in favour of the bill along with PML-Q’s Chaudhry Ilyas.

With no opposition members present during the session, the remaining clauses of the bill were passed smoothly without any resistance. This facilitated the swift approval of the amendments, reflecting the ruling coalition’s consolidated support in the absence of dissenting voices.

“I Senator Azam Nazeer Tarar … wish to move the bill to amend the Constitution of … Pakistan by the Constitution (26th Amendment) bill be passed,” the law minister said after the 27 clauses and the preamble of the bill were passed.

Following that, Speaker Sadiq directed, under assembly rules, that the bells be rung for five minutes to allow absent members to join the session. He stated that once the bells stopped ringing, all entrances to the lobbies would be locked, and assembly staff would be positioned at each entrance to prevent entry or exit until the voting concluded.

The speaker added that he would ask the members wishing to vote in favour of the motion to pass in single file through the entrances where a teller was posted to record their votes. He explained that upon reaching the teller’s desk, each member was to call out the division number allotted to them under the rules, and the teller would mark off the number on the division list while simultaneously calling the name of the member.

The bells rang at 4:52am, after which all lawmakers returned to the chamber. Following that, Speaker Sadiq announced that the bill was passed with the votes of 225 members.

“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 said.

Following the passage of the bill, Prime Minister Shehbaz Sharif delivered a speech and congratulated the parliament for the “historical achievement.”

“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,” PM Shehbaz said.

According to a statement from the Prime Minister’s Office (PMO) issued after the NA session, PM Shehbaz has signed the advice for President Asif Ali Zardari to ratify the 26th constitutional amendment, following its approval by Parliament.

The bill comprised legislation proposing a set of constitutional amendments, including the fixture of the chief justice’s term. A special parliamentary committee formed last month — which had the representation of all parties, including the PTI — had been discussing various proposals.

Ruling coalition commends move as PTI launches sharp criticism

Like in the Senate, Law Minister Azam Nazeer Tarar presented the 26th Constitutional Amendment Bill in the NA during a session that started late Sunday night and continued until the early hours of Monday morning. At the outset, Tarar outlined the key features of the bill, which had already been approved by the Senate.

After a brief recess, PPP Chairman Bilawal Bhutto-Zardari delivered a speech that lasted more than 50 minutes. He expressed gratitude to JUI-F Chief Maulana Fazlur Rehman for playing a crucial role in securing the passage of the bill.

“Maulana Fazlur Rehman did the most to ensure the success of this bill. His role in this process has been historic, and I can proudly say he played the most significant part in it,” he said. “I can confidently say that there are points in this amendment that have been passed with 100 per cent political consensus.”

Bilawal also thanked PML-N, MQM-P, IPP, JUI-F, ANP, and other parties for their contributions to the bill. He extended his gratitude to the PTI, saying, “I also thank the PTI for playing a part in this historic achievement. This is a political success, and I wish you wouldn’t have portrayed your own victory as a loss.”

PTI’s Leader of the Opposition in the National Assembly, Omar Ayub Khan, took over the floor of the NA and criticised the amendments, arguing that they did not reflect the will of the Pakistani people.

Taking a jab at Law Minister Tarar and Bilawal, he said that those who had “gone missing” should have been thanked as well during the note of thanks. Ayub detailed how PTI lawmakers were “tortured and harassed”.

“These were all tactics to pressure us. The mistreatment of Imran Khan in jail is also an example,” he said.

The PTI had alleged that seven of its lawmakers had been “abducted” and that the government was trying to enact the amendment at “gunpoint”.

Ayub also questioned the urgency behind passing the amendments, asking, “What would have happened had it been passed on October 31?”

He also said that the amendments were an attempt to undermine the independence of the judiciary.

“We do not think this government is capable of bringing constitutional amendments. Therefore, we have instructed PTI members not to become part of this process,” he said.

Meanwhile, Defense Minister Khawaja Asif said that the amendment had been passed by the Senate “to restore respect and dignity of the parliament and the House.”

“There must be consistency in our political behaviour otherwise we will not get the respect and dignity we seek,” he said.

Asif went on to say that the constitutional amendments were not something that the government had “newly invented” but it was a continuation of the Charter of Democracy that all political leaders, including Imran, had unanimously signed.

The Charter of Democracy was signed in London on May 14, 2006, by major political parties in response to the military dictatorship of General Pervez Musharraf, with the aim of promoting democratic norms and preventing the abuse of power by unelected institutions such as the military and judiciary.

Next up to speak was Fazl, who commended all parties, including the PTI, for their contributions to the successful passage of the bill.

He said, “The topic we are discussing and the amendments we are passing arise from issues surrounding the Supreme Court judges’ desire for extended terms.

“Following the emergence of these reports, I brought the matter to the floor and advocated for a constitutional amendment to ensure that the legislature and judiciary operate without conflict.”

He added that he had signed the Charter of Democracy as it represented a unified consensus. “It demanded a constitutional court and we have remained its signatories, but forums emerged where resolutions were presented that spread division.”

Fazl said that the Constitution will remain steadfast, even amid shifting political landscapes.

“Any commitment between the nation and the provinces is reflected in these amendments,” the Maulana continued.

He stressed the sacred nature of the Constitution, saying that “the more sacred it is, the more challenging it becomes to amend.”

“This shows the importance of preserving constitutional integrity amid political changes.”

The Maulana added that initially, the parties had agreed on 65 clauses. “But after much consultation, we decided on 22 clauses,” he said.

Speaking about PTI’s grievances and Imran Khan’s incarceration, Fazl said. “The PTI’s leader is in jail, in dreadful conditions, the news is unacceptable.”

“I condemn the cruelty and mistreatment of any political leader. If I had foreseen what would happen to Imran Khan, I would have condemned it at that time,” he stressed.

Fazl went on to say that there were efforts made to divide the opposition, but “I have worked to make sure there is no division between opposition parties, or between the government and the opposition.”

“No matter how much we spoke with stakeholders, we could not reach a consensus on how to form the courts. But this is a democracy, not a dictatorship. We’ve done the impossible; we’ve endured great difficulty,” he remarked.

Meanwhile, MQM-P leader Farooq Sattar said that Pakistan’s political, judicial, and democratic paths had not always been marked by golden words.

“We all have made mistakes that have escalated political crises and caused conflicts between institutions,” he said.

“Even though some of the fundamental principles and the 26th Constitutional Amendment render the MQM, its members, and voters vulnerable, we still prioritise the broader interests of the country,” Sattar added.

He added that such a commitment allowed the government to guide the people out of confusion and uncertainty.

Sattar’s speech was followed by PTI Chairman Gohar Ali Khan, who criticised the recent constitutional amendments following his party’s line.

“They do not want a constitutional court, they want a court which is not free,” he alleged. “This is a black day for the judiciary and the courts.

“We participated in that committee because it was for parliamentarians’ issues. We worked with Maulana Fazl, and I want to say on record that we have not agreed on a single word of this document because it is illegitimate.”

Passage of bill in Senate

Approved by the federal cabinet on Sunday afternoon with the consensus of the government’s coalition partners, the bill was presented in the Senate by Law Minister Tarar. Once the bill — containing 22 clauses — was officially tabled, Senate Chairman Yousaf Raza Gilani read out its contents and asked lawmakers to cast their votes.

Following the voting, the constitutional amendment bill was approved by a two-thirds majority.

“Sixty-five members are in favour of the motion regarding the passage of the bill, and four members are against it,” Gilani said. “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.”

Breakdown of the votes

• PPP 24
• PML-N 19
• BNP 02
• ANP 03
• JUI-F 05
• BAP 04
• PML-Q 01
• MQM-P 03
• IND 04
• PTI = Nil
• MWM = Nil
• Total: 65

Senators who refrained from casting votes: 04

CJP’s tenure fixed at 3 years

Speaking about speculations regarding the extension of the chief justice’s tenure in the Constitutional Package, Tarar clarified that Chief Justice Qazi Faez Isa was not interested in any extension.

“During the three meetings that I had with the top judge, he reiterated his disinterest in the extension of his tenure, saying that any amendments would come into effect after his retirement,” Tarar said.

Before the Senate session, the law minister also addressed a press conference at Parliament House, flanked by Information Minister Attaullah Tarar. During the presser, he outlined the contents of the bill and said that a constitutional bench would be formed by a judicial commission led by the Chief Justice of Pakistan (CJP).

“Before the 18th Amendment, judges were appointed by the President on the advice of the PM,” Tarar said.

“This ‘new-face’ commission will be made up of the CJP, four of the senior-most Supreme Court judges, two senators and two MNAs — one of each will be from the opposition,” the law minister said. “We are aiming to achieve a broader consensus with this commission,” he added.

26th Constitutional Amendment Bill by shahzeb ahmed on Scribd

The minister said that he and the attorney general will also be a part of the commission.

“Marginalised communities and those whose fundamental rights need to be enforced, such as women and minorities, will be appointed by the National Assembly Speaker,” he added. “We will also bring in someone from outside parliament as a technocrat, who can provide input based on their experience.”

In terms of the provincial judiciary, Tarar also said a performance evaluation system was being introduced to assess the performance of judges.

“People complain that their cases are pending for up to 10 years,” he said. “This judicial commission needs to enforce a nationwide standard, so the performance of high court judges will be evaluated.”

Tarar continued: “We need to appreciate the judges who perform well, but in the past, we have received complaints that after confirmation, their work is inadequate. We need to ensure that taxpayers’ money is being well spent, and when the judiciary is receiving such perks, we expect results.

“Cases where there is inefficiency will be referred to the Supreme Judicial Council,” he added.

Clauses passed and votes

• Clause 2 (Insertion of Article 9A [clean and healthy environment]) — 65 for, 4 against
• Clause 3 (Amendment to Article 48 [president to act on advice]) — 65 for, 0 against
• Clause 4 (Amendment to Article 81 [expenditure charged upon Federal Consolidated Fund]) — 65 for, 0 against
• Clause 5 (Amendment to Article 111 [right to speak in Provincial Assembly]) — 65 for, 0 against
• Clause 7 (Amendment to Article 177 [appointment of Supreme Court Judges]) — 65 for, 0 against
• Clause 8 (Amendment to Article 179 [retiring age]) — 65 for, 0 against
• Clause 9 (Amendment to Article 184 [Original Jurisdiction of Supreme Court]) — 65 for, 0 against
• Clause 10 (Amendment to Article 185 [Appellate jurisdiction of Supreme Court]) — 65 for, 0 against
• Clause 11 (Amendment to Article 186A [power of Supreme Court to transfer cases]) — 65 for, 0 against
• Clause 12 (Amendment to Article 187 [issue and execution of processes of Supreme Court]) — 65 for, 0 against
• Clause 14 (Amendment to Article 193 [Appointment of High Court Judges]) — 65 for, 0 against
• Clause 15 (Amendment to Article 199 [Jurisdiction of High Court]) — 65 for, 0 against
• Clause 17 (Amendment to Article 208 [Officers and servants of Courts]) — 65 for, 0 against
• Clause 18 (Substitution of Article 209 [Supreme Judicial Council) — 65 for, 0 against
• Clause 19 (Amendment to Article 215 [Term of office of Commissioner]) — 65 for, 0 against
• Clause 20 (Amendment to Article 255 [Oath of Office]) — 65 for, 0 against
• Clause 21 (Amendment to Article 259 [Awards]) — 65 for, 0 against
• Clause 22 (Amendment to the Fourth Schedule of the Constitution) — 65 for, 0 against

Amended/ Inserted clauses

• Clause 2A — amendment moved by Kamran Murtaza, Maulana Attaul Rehman and Maulvi Abdul Wasay (Amendment of Article 38, to eliminate riba completely before the first day of January 2028) — 65 for, 0 against

• Clause 6 — amendment moved by Azam Nazeer Tarar (Amendment to Article 175A, entry iii may be read as entry ii; iii shall be
  read as “Most senior judge of the Constitutional Bench”.) — 65 for, 0 against

• Clause 13 — amendment moved by Azam Nazeer Tarar (Insertion of Article 191A [Constitutional Benches of the Supreme Court], clause 2 of 191A may be substituted and read as such: “The most senior judge amongst judges nominated under clause 1 may be called the most senior judge of the constitutional benches”; in clause 3B, the words “passed under Article 199” will be removed; in clause 4, “presiding” will be replaced by “most senior judge of the constitutional benches”.) — 65 for, 0 against

• Clause 16 — amendment moved by Azam Nazeer Tarar (Insertion of Article 202A [Constitutional Benches of High Courts] – in clause 5, “subject to clause 7” will be inserted; new clause 7 shall be inserted which states, “This article shall come into force if, in respect of the Islamabad High Court, both houses of parliament during joint sitting; and a high court the respective provincial assembly through a resolution passed by a majority of the total joint sitting/respective provincial assembly give effect to the provisions of this article.”) — 65 for, 0 against

• Clause 16A — amendment moved by Kamran Murtaza, Maulana Attaul Rehman and Moulvi Abdul Wasay (Amendment to Article 203C [The Federal Shariat Court] – after the words “high court” the words “a judge of federal shariat court qualified to be a judge of the Supreme Court” will be added.) — 65 for, 0 against

• Clause 16B —amendment moved by Kamran Murtaza, Maulana Attaul Rehman and Moulvi Abdul Wasay (Amendment to Article 203D [Powers, jurisdiction and functions of the Court] — new proviso: provided further that appeal against decisions given after the commencement of Constitution [26 Amendment] Act, 2024 shall be disposed of within 12 months, within which the decision will take effect unless ordered otherwise by the Supreme Court.“) — 65 for, 0 against

• Clause 19A — amendment moved by Kamran Murtaza, Maulana Attaul Rehman and Moulvi Abdul Wasay (Amendment to Article 229 [Reference to Islamic Council] — “Two-fifths” shall be substituted for “one-fourth”.) — 65 for, 0 against

• Clause 19B — 19A — amendment moved by Kamran Murtaza, Maulana Attaul Rehman and Moulvi Abdul Wasay (Amendment to Article 230 [Functions of the Islamic Council] — new proviso: provided that final reports in any case shall be considered within 12 after it has been late.) — 65 for, 0 against

PTI says ‘no objection’ to draft but decides not to vote

Meanwhile, the PTI, according to a statement released by its media cell, said that the party’s political committee has decided to boycott the voting process in both houses of the parliament, in case the government tabled the constitutional amendments.

PTI chairman Barrister Gohar Ali Khan, flanked by Fazl as the two held a press conference outside the latter’s residence, said that the party had “no objections” to the final draft, but will not vote on the bill when it is presented in parliament.

“Our leader Imran Khan will always have the final say on party decisions, so we act on his instructions and recommendations,” the PTI chairman said.

“He instructed us to have more consultations before voting since this legislation is so serious.

“Given that we have no time for further consultations, as well as all the delays, how the bill was processed and how our MNAs and senators were harassed and intimidated, the PTI cannot vote for this bill,” Gohar declared.

Expressing gratitude to the JUI-F chief for his role in the process, Gohar said that the party will attend parliament and has “no objections” if Fazl votes on the bill. He also demanded “the return” of PTI lawmakers who have been allegedly abducted.

“We will deliver a speech on the assembly floor, but we will not vote on the 26th amendment.”

The PTI has the right to not vote: Fazl

Addressing the press conference, Fazl said that he had no objections to the PTI’s decision to not vote on the bill, saying that “it is their right”.

“We have reached a consensus with the PTI, but given their condition and what they have been through, it is their right to boycott the vote,” Fazl said, referring to the allegations of intimidation and the conditions in which Imran Khan has been incarcerated.

“We have made efforts, but if a party has a strong position, we will accept that,” he added.

Will move forward with or without PTI: Bilawal

PPP Chairman Bilawal said that the government will move forward with the amendment whether the PTI voted in favour of it or not.

“We have waited for as long as we could, and today, under any circumstance, this work will be completed,” Bilawal said while speaking to reports at the Senate.

Bilawal said that he had hoped the bill was passed with the joint consensus of JUI-F, and, “God willing, that will happen today”.

He said that he was disappointed with the PTI’s stance, adding that he was hopeful that the party would still agree to be a part of the constitutional amendment.

Politics is not a dirty word: Sherry Rehman

Meanwhile, PPP Vice President and Senator Sherry Rehman said that the said amendment was not an attack on any institution.

“Chairman Bilawal Bhutto-Zardari has demonstrated exemplary leadership throughout this process by ensuring the inclusion of lawyers and civil society, thereby broadening the scope of consultation,” she said.

“Put your hand on your heart and tell me, has our judicial system not broken down?” She emphasised that the Parliament had the right to enact transparent legislation for the benefit of the country.

Senator Rehman also criticised the PTI for not presenting its recommendations to the parliamentary committee.

“PTI did not present its recommendations. They were elected to come to the committee and present their case, but they chose not to.”

PTI must move toward pro-people legislation: MQM

Meanwhile, MQM-P Senator Faisal Subzwari during his speech requested the PTI to carefully review the draft and suggest amendments, urging the party to move towards “pro-people legislation.”

“We will continue our efforts to add pro-people amendments to the Constitution and devise pro-people legislation,” he said. “The legislation in process today is the right of the parliament, therefore, we stand by the parliament.”

JUI-P senator laments ‘lack of trust’ in system

Delivering a fiery address in the Senate, JUI-P Senator Attaul Rehman said that the nation “does not have trust in the system” and that parliament needs it to function.

“People are getting pressured, abducted, and nobody is saying anything,” he lamented.

“We need to be united for the country to make sure this amendment goes through. If the role of the three branches (executive, judiciary and legislature) is hampered, then democracy cannot work.”

He added that the public does not want amendments that do not benefit them, “let alone those processed with abductions, secrecy and pressure”.

Reactions to bill’s passage

Taking to the X platform following the passage of the bill, Defense Minister Asif expressed the hope that the bill would also be passed by the lower house of the parliament after being greenlighted by the Senate on Sunday.

“Our parliamentary democratic system no more be held hostage by the judiciary,” he wrote. “The judiciary should ensure the immediate delivery of justice to the people instead of [interference] in politics.”

PTI leader Hammad Azhar termed the amendment “a death blow to the independence of the judiciary”, explaining how giving the power to appoint judges to the top and high courts to the government would politicise the judiciary.

On the other end of the spectrum, PPP leader Shazia Marri called the passing of the amendment “fulfilment of a promise made in the charter of democracy signed between former prime ministers Benazir Bhutto and Nawaz Sharif in 2006.”

PTI leader Salman Akram Raja called the moment the “bleakest in our parliament’s history”, terming it a handover of the control of the judiciary to the executive by the parliament.

Lawyer Khadija Siddiqui said, “unprecedented circumstances where a draft was approved in complete clandestinity & secrecy.”