Key details of 26th constitutional amendment draft unveiled
Pakistan
5-9 member Constitutional Bench instead of Constitutional Court will be established
ISLAMABAD (Dunya News) - The proposed 26th constitutional amendment reached its final stage as key details of the draft surfaced on Thursday.
Sources revealed that a suggestion was made to establish a 5 or 9-member constitutional bench instead of the constitutional court in the Supreme Court. No such bench would be formed at the provincial level, it sounded.
According to the draft, the Judicial Commission would be responsible for constituting the bench, including selecting its head. The chief justice will have no power to alter the composition of the bench.
The draft also proposes a fixed tenure for the constitutional bench. The amendment also suggests the removal of the Supreme Court’s suo motu powers.
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Furthermore, the Chief Justice of Pakistan would be appointed from amongst the three most senior judges.
The Chief Election Commissioner’s appointment process was also changed in the amendment. In case of a deadlock between the Prime Minister and the Opposition Leader, a parliamentary committee would make the final appointment.
Additionally, the draft suggests the full restoration of the 18th Amendment while abolishing the 19th Amendment. Article 63A is also proposed to be amended to ensure party policy during the vote counting.
The draft includes a proposed amendment to Article 48, ensuring that advice sent to the President by the Prime Minister and Cabinet cannot be challenged in any court.
