Pakistan cabinet gives nod to divisive constitutional amendment bill

Pakistan’s Cabinet on Sunday approved the proposed draft of the controversial 26th Constitutional Amendment during a meeting chaired by Prime Minister Shehbaz Sharif, following consultations with coalition partners, his office confirmed.

The government plans to present the judicial reform project in both the National Assembly and the Senate on Sunday. “The federal cabinet has approved the proposed draft of the 26th constitutional amendment of the government and its coalition parties including the Pakistan People’s Party (PPP),” Dawn News quoted a statement from the Prime Minister’s Office as saying.

Before the cabinet meeting, Prime Minister Shehbaz met former President Asif Ali Zardari to discuss the amendment in detail. Express News reported that Zardari was briefed on the proposed changes and consulted on the draft. Federal Minister Musadik Malik later claimed that the government had finalized the draft in collaboration with the PPP and other coalition partners.

Despite the opposition, the coalition government is optimistic about getting the votes needed to pass the amendment, which aims to reform judicial appointments and other aspects of the judiciary. According to Geo News, the government is confident that the bill will be passed by both houses of parliament.

Strict security measures have been implemented for the National Assembly session, prohibiting the entry of guests. The Senate will meet at 3 p.m., followed by the National Assembly at 6 p.m., according to notifications issued by the respective secretariats.

On Saturday night, PPP chairman Bilawal Bhutto-Zardari and Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Maulana Fazlur Rehman discussed the bill. The government has not yet publicly revealed full details of the amendments, but reports suggest the aim is to reduce the independence of the judiciary by altering the process of appointing the chief justice and other judges.

According to media reports, the bill proposes creating a parliamentary panel to appoint the chief justice, rather than automatically elevating the most senior judge. The proposal to increase the retirement age of judges from 65 to 68, discussed earlier, is reportedly not part of the final draft.

A constitutional amendment requires a two-thirds majority in both the National Assembly and the Senate. Defense Minister Khawaja Asif recently stated that the government now has enough support to pass the amendment, despite previously falling short of the required numbers.

Maulana Rehman, speaking at a late-night press conference alongside Bilawal, confirmed that his party would support the amendment after the government agreed to amend parts of the bill that were previously unacceptable to the JUI-F. Rehman added that the JUI-F had reached a consensus with the government after a day of further discussions.

Bilawal emphasized the importance of achieving political consensus among all parties for the legislation. The government reportedly abandoned its earlier plan to create an independent constitutional court, opting instead to form a special constitutional chamber within the Supreme Court to deal with constitutional or political cases.

If passed, the amendment could prevent Justice Masoor Ali Shah from succeeding Chief Justice Qazi Faez Isa, who will retire on October 25 upon reaching the retirement age of 65. The bill must be approved before this deadline to complete the necessary formalities to establish the special parliamentary commission.

To approve the amendment, the government needs 224 votes in the 336-member National Assembly and 64 votes in the Senate. The coalition currently holds 213 seats in the National Assembly and 52 in the Senate. The JUI-F, with eight members in the National Assembly and five senators, is considered crucial to the passage of the bill. Rehman also has the potential to influence opposition parties, including Imran Khan’s Pakistan Tehreek-e-Insaf (PTI).

Last month, the government had to delay introducing the bill in parliament after failing to win Rehman’s support. Meanwhile, the PTI has announced that it will boycott the next session where the amendment will be tabled, according to media reports. PTI leader Gohar Khan claimed that party founder Imran Khan had sought more time for deliberations and authorized his party to continue negotiations with Rehman.

The PTI also reportedly sought to delay the vote until after Chief Justice Isa’s retirement on October 25 as it favors Justice Shah’s succession. Allegations have emerged that opposition lawmakers were being coerced into supporting the bill, claims that have been strongly denied by Defense Minister Khawaja Asif. The PTI also reported difficulties in contacting some of its senators before the vote.