Important points of the twenty-sixth constitutional amendment approved by both houses – Pakistan

After approval from the Senate, all 27 clauses of the 26th Constitutional Amendment have been approved in the National Assembly. After the approval of the National Assembly, the draft has been immediately sent to the President. With the signing of the draft by President Asif Zardari, the twenty-sixth constitutional amendment will become part of the constitution. What has been done in the twenty-sixth constitutional amendment approved by both houses.

Important Points:

• Under the amendment, the Chief Justice of the Supreme Court will not be appointed on the basis of seniority.
• A 12-member special parliamentary committee will appoint the Chief Justice from among the three senior-most judges.
• The tenure of the Chief Justice will be 3 years, the upper age limit has been fixed at 65 years.
• The Prime Minister will send the name of the Chief Justice to the President on the recommendation of the committee.
• No court, tribunal or authority can question the proposal of the Prime Minister or the Cabinet.
• All parliamentary parties will have proportional representation in the parliamentary committee.
• The committee will have 8 members of the National Assembly and 4 members of the Senate.
• Supreme Court cannot give any direction or declaration on its own.
• The Supreme Court can transfer any High Court case to any other High Court or to itself.
• The judges of the Supreme Court will be appointed by the Judicial Commission.
• The commission chaired by the Chief Justice will also include the senior-most judge of the constitution benches.
• The Judicial Commission will determine the number of constitutional benches and judges.
• The most senior judge on any constitution bench will be the head of the constitution bench.
• The power of suo motu notice will rest with the Constitution Benches.
• Cases relating to the interpretation of the Constitution will come under the jurisdiction of the Constitution Benches.
• Constitutional benches will be formed in the Supreme Court and High Courts established in the provinces.
• A resolution has to be passed by the National Assembly for the formation of constitution-related benches in the Islamabad High Court.
• The Provincial Assemblies will pass a resolution for the constitution of Constitutional Benches in the Provincial High Courts.
• The opinion of the Islamic Ideological Council can be taken on the legislation in Parliament or Provincial Assemblies.