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ISLAMABAD: The 26th Amendment has become part of the Constitution of Pakistan after the president signed the bill as it sailed through the National Assembly early Monday morning after month-long negotiations, receiving approval from both houses of parliament.
The 26th Amendment Act 2024 proposes significant changes to Pakistan’s Constitution, mainly focusing on the judiciary and the environment.
Article 9A: It guarantees everyone right to clean and healthy environment in Pakistan. It’s a formal acknowledgment that environmental health is important for the well-being of people.
Judicial Commission: With new changes, the amendment increases number of members in commission that selects judges. Now, it will include judges, and representatives from Parliament to ensure diverse opinions in judge appointments.
Nominations: Prime Minister and the leader of the opposition will each nominate members to this commission, promoting bipartisanship.
A parliamentary committee will recommend one of three proposed names, and this change is said to add layer of scrutiny and collective decision-making.
Chief Justice Term will serve a fixed term of 3 years, even if they reach retirement age during that time. If judges perform poorly, they will get a chance to improve. If they don’t, the Judicial Council can take action against them.
Suo Motu Powers: Top judge of Supreme Court will no longer have the authority to take action on its own initiative (suo motu). Instead, a small committee of judges will decide whether to take on new cases.
High Court Powers: Similarly, high courts will also be restricted from taking suo motu actions.
New rules will establish special courts for key cases, ensuring that judges from all provinces are represented. This is to make sure that various regional perspectives are considered in important judicial matters.
