26th Amendment (Twenty-Sixth Amendment) Act , 2024

Islamabad, Oct 21: The National Assembly on Monday passed the Constitution (Twenty Sixth Amendment) bill with a two-third majority, introducing significant reforms in judiciary. These reforms are further included social, economic and humanitarian reforms for the well-being of citizens.

The amendment was tabled by Federal Minister for Law and Justice Azam Nazeer Tarar. A total of 225 lawmakers cast their in favor of the Constitution (Twenty-Sixth Amendment) Bill, while 12 legislators voted against it.

The amendment was passed clause by clause. The 26th Amendment contains 27 clauses.

The Senate passed the Constitutional Amendment bill with a two-thirds majority. A total of 65 lawmakers voted in favor of the bill in the Upper House.

This Act shall be called the Constitution (Twenty-sixth Amendment) Act, 2024'. This Act shall come into force at once'

Keeping in view the climate crisis new clause is added in to basic Human Rights article 9 as 9A

"9A.Clean and healthy environment.- Every person shall been entitled to a clean, healthy and sustainable environment"

Significant economic reform is elimination of 'Riba' (Interest) from 1 January 2028.

Federal Minister for Defence Khawaja Asif said that the passage of the 26th Constitutional Amendment was aimed at restoring the respect and dignity of the parliament, as guaranteed by the Constitution of Pakistan.

He said that elected representatives should have the authority to legislate for the welfare of the public and that the minority should not impose its decisions on the majority.

“We are empowering the parliament, as agreed in the Charter of Democracy (CoD) signed by all political parties,” he said. “Today’s amendment restores power to the people of this country, through their elected representatives.” 

According to 26th amendment Article 48 clause 4 is amended as:

"(4) The question whether any, and if so what, advice was tendered to the President by the Cabinet, or the Prime Minister, shall not be inquired into in, or by, any court, tribunal or other authority.".

As per the amendment, the term for the Chief Justice of Pakistan has been set at three years. A 12-member parliamentary committee will select the new Chief Justice from a panel of the three most senior judges.  

Article 175, (regarding judiciary)for clause (3),

"(3) Notwithstanding anything contained in clause (1), or clause

(2), the Chief Justice of Pakistan shall be nominated by the Special Parliamentary Committee, in this Article referred to as the Committee, from amongst the three most senior Judges of the Supreme Court. The Committee shall send the name of the nominee to the Prime Minister who shall forward the same to the President for appointment:

Provided that where the nominee under this clause declines a Judge from the remaining Judges amongst the three most senior Judges shall be considered and nominated:

(i")Provided further that where the nominee under first proviso also declines the next most senior Judge if he is not

from amongst the three most senior Judges shall he considered and nominated by the Committee and so on till the nominee under this clause is appointment as the Chief Justice of Pakistan.";