26th Constitutional Amendment introduces reforms to Pakistan’s judiciary, focusing on the appointment process for the Chief Justice of Pakistan (CJP).
According to the new constitution a 12-member parliamentary committee, comprising 8 members from the National Assembly and 4 from the Senate will appoint the Chief Justice.
This committee will elect one of the three most senior Supreme Court judges through a two-thirds majority vote. According to the modified Article 179, if the selected judge reaches the age of 65 before completing their three-year tenure, they will retire at that point.
The constitutional amendment introduces the creation of constitutional benches in the Supreme Court through Article 191A. These benches, formed by senior judges, will handle constitutional matters, appeals, and suo motu cases.
The Judicial Commission will decide how many judges will form these benches to ensure equal provincial representation.
Similar benches can be created in High Courts, but this will depend on provincial legislation.
As per amendments High Courts will no longer have the authority to take suo motu actions.
However, the Judicial Commission remains intact, with the addition of four parliamentarians and one civil society representative.
A new provision allows the Speaker of the National Assembly to nominate a woman or non-Muslim member to the commission for a two-year term.
This constitution limits the judiciary’s ability to issue orders for “complete justice” under Article 187.
