- Both Senate and NA pass bill with a two-third majority after federal cabinet’s approval; PTI refrains from voting
- Law Minister Azam Nazeer Tarar presents Constitutional Amend Bill both in Senate and NA
- After the Holy Quran, the 1973 Constitution holds the highest sanctity for me: Bilalwal
- Fazl speaks of PTI’s grievances and Imran Khan’s incarceration, saying “The PTI’s leader is in jail, in dreadful conditions, the news is unacceptable”
- Tarar calls constitutional package a milestone for parliamentary supremacy
ISLAMABAD: After approved by the federal cabinet and passed the Senate with a two-third majority on Sunday evening, the National Assembly also passed the “much-touted 26th Constitution Amendment Bill 2024” amid boycott of voting process by the Pakistan Tehreek-e-Insaf.
The government required 224 votes to pass the “heavily contested bill” with a two-thirds majority and managed to secure 225 votes with the opposition PTI’s members staged a walk out.
NA Speaker Ayaz Sadiq began the voting process on the 22-clause bill after giving the floor to parliamentary leaders of various political parties.
Like in the Senate, Law Minister Azam Nazeer Tarar presented the 26th Constitutional Amendment Bill in the National Assembly during the session that started late Sunday night and continued until the early hours of Monday morning. Tarar highlighted key features of the bill already been approved by the Senate.
Bilawal lauds Fazl’s efforts in facilitating passage of 26th Constitutional amendment
After a brief recess, PPP Chairman Bilawal Bhutto-Zardari delivered a speech that lasted more than 50 minutes, expressing gratitude to JUI-F Chief Maulana Fazlur Rehman for playing a crucial role in securing the passage of the bill.
He said Maulana Fazl played pivotal role in bringing together different political factions to ensure successful approval of the crucial Constitutional amendments. He lauded PML-N leadership, especially former Prime Minister Muhammad Nawaz Sharif and allied parties for making possible the passage of amendments.
He stated that the key achievement in judicial reforms was restoring Parliament’s role in regaining the power to appoint judges to the superior judiciary.
He also acknowledged the role of Pakistan Tehreek-e-Insaf (PTI) in opposing the bill, stating that it was their constitutional right to do so.
Bilawal acknowledged that Fazl had been instrumental in the success of the 26th Amendment package passage in Parliament. He said following his praise for President Asif Ali Zardari, he acknowledges Maulana Fazlur Rehman’s contributions in upholding the sanctity of the Constitution.
He stated, “After the Holy Quran, the 1973 Constitution holds the highest sanctity for me. In 1973, political polarization was at its peak, and there were widespread differences with the opposition. Despite this, we set aside our differences and gave the country a constitution.”
He stated that during the passage of the 18th Amendment, his party had removed all the oppressive laws imposed by dictators. He emphasized that politicians are bound to operate within the space available to them. He noted that there was a perception that Pakistani politicians were unwilling to engage with one another.
After Bilawal, PTI’s Leader of the Opposition in the National Assembly, Omar Ayub Khan took over the floor of the NA and criticised the bill, noting that the constitutional amendment did not reflect the will of the Pakistani people.
Taking a jab at Law Minister Tarar and Bilawal, he said that those who had “gone missing” should have been thanked as well during the note of thanks. Ayub detailed how PTI lawmakers were “tortured and harassed”.
“These were all tactics to pressure us. The mistreatment of Imran Khan in jail is also an example,” he said.
The PTI had alleged that seven of its lawmakers had been “abducted” and that the government was trying to enact the amendment at “gunpoint”.
Ayub also questioned the urgency behind passing the amendments, asking, “What would have happened had it been passed on October 31?”
He also said that the amendments were an attempt to undermine the independence of the judiciary.
“We do not think this government is capable of bringing constitutional amendments. Therefore, we have instructed PTI members not to become part of this process,” he said.
Meanwhile, Defense Minister Khawaja Asif said that the 26th constitutional amendment had been passed “to restore respect and dignity of the parliament and the House,” stating there must be consistency in political behaviour of politicians otherwise they will not get the respect and dignity they deserved.
Asif went on to say that the constitutional amendments were not something that the government had “newly invented” but it was a continuation of the Charter of Democracy that all political leaders, including Imran, had unanimously signed.
The Charter of Democracy was signed in London on May 14, 2006, by major political parties in response to the military dictatorship of General Pervez Musharraf, with the aim of promoting democratic norms and preventing the abuse of power by unelected institutions such as the military and judiciary.
Speaking on the floor of the lower house, JUI-F chief Maulana Fazlur Rehman commended all parties, including the PTI, for their contributions to the successful passage of the bill.
He said, “The topic we are discussing and the amendments we are passing arise from issues surrounding the Supreme Court judges’ desire for extended terms.
“Following the emergence of these reports, I brought the matter to the floor and advocated for a constitutional amendment to ensure that the legislature and judiciary operate without conflict.”
He added that he had signed the Charter of Democracy as it represented a unified consensus. “It demanded a constitutional court and we have remained its signatories, but forums emerged where resolutions were presented that spread division.”
Fazl said that the Constitution will remain steadfast, even amid shifting political landscapes.
“Any commitment between the nation and the provinces is reflected in these amendments,” the Maulana continued.
He stressed the sacred nature of the Constitution, saying that “the more sacred it is, the more challenging it becomes to amend.”
“This shows the importance of preserving constitutional integrity amid political changes.”
Maulana Fazl added that initially, the parties had agreed on 65 clauses. “But after much consultation, we decided on 22 clauses,” he said.
Speaking about PTI’s grievances and Imran Khan’s incarceration, Fazl said. “The PTI’s leader is in jail, in dreadful conditions, the news is unacceptable.”
“I condemn the cruelty and mistreatment of any political leader. If I had foreseen what would happen to Imran Khan, I would have condemned it at that time,” he stressed.
Fazl went on to say that there were efforts made to divide the opposition, but “I have worked to make sure there is no division between opposition parties, or between the government and the opposition.”
“No matter how much we spoke with stakeholders, we could not reach a consensus on how to form the courts. But this is a democracy, not a dictatorship. We’ve done the impossible; we’ve endured great difficulty,” he remarked.
Meanwhile, MQM-P leader Farooq Sattar said that Pakistan’s political, judicial, and democratic paths had not always been marked by golden words.
“We all have made mistakes that have escalated political crises and caused conflicts between institutions,” he said.
“Even though some of the fundamental principles and the 26th Constitutional Amendment render the MQM, its members, and voters vulnerable, we still prioritise the broader interests of the country,” Sattar added.
He added that such a commitment allowed the government to guide the people out of confusion and uncertainty.
In his speech, PTI Chairman Gohar Ali Khan criticised the constitutional amendments , saying “They do not want a constitutional court, they want a court which is not free.” “This is a black day for the judiciary and the courts”, he added.
“We participated in that committee because it was for parliamentarians’ issues. We worked with Maulana Fazl, and I want to say on record that we have not agreed on a single word of this document because it is illegitimate.”
Senate passes all 22 clauses of 26th amendment with two-third majority
After many rounds of talks over the proposed constitutional amendment package, the senate finally passed all the 22 clauses of the 26th amendment bill with a two-third majority.
As many as 65 votes were cast in favour and four against the 26th constitutional bill presented by Federal Law Minister Azam Nazeer Tarar in the session, chaired by Chairman Syed Yousaf Raza Gillani.
Tarar said all political parties, including the opposition, were consulted over the constitutional amendment bill.
In his speech, Law Minister Tarar said that a committee was formed on the speaker’s direction to review the constitutional amendment bill, and it was thoroughly examined. The bill has been included in the supplementary agenda, so it should be taken up.
He then explained that the procedure for appointing judges was introduced in the 18th Constitutional Amendment to ensure transparency in the appointment of judges to the higher judiciary, and a parliamentary committee was formed for this purpose.
He added that the parliamentary committee was given the authority to block any nomination. A petition was filed in the Supreme Court regarding this, and the 19th Amendment was hastily introduced, changing the composition of the commission, resulting in members leaning toward a particular institution.
7 PTI MNAs reach NA session to support constitutional amendments Bill
Meanwhile, seven PTI supported Independent MNAs reached the National Assembly session to support the constitutional amendments Bill 2024.
The lawmakers include: Zain Qureshi, Zahoor Qureshi, Aslam Ghuman, Usman Ali, Riaz Fatyana, Mukhtar Hussain, Chaudhry Ilyas, Aurangzeb Kachhi, Murad Zeeshan Khan, and Aniqa Mehdi.
PTI has reportedly lost contact with 11 of its lawmakers, including 2 senators and 9 members of the National Assembly (MNAs).
Opposition leader Omar Ayub had confirmed yesterday night that “they have lost contact with 7 lawmakers”, while PTI chairman Barrister Gohar stated that “he has lost contact with 2 Senators”.
Earlier, PTI Political Committee announced boycott of the voting process for constitutional amendments in both houses.
Passage of Constitutional Amendment result of month long struggle: JUI-F chief
JUI-F Chief Maulana Fazlur Rehman termed the passage of the 26th Constitutional Amendment was the result of a month-long struggle.
Speaking to the media outside Parliament, he said that there was a significant difference between the earlier and final drafts of the Amendment. He was of the view that consensus had been reached through dialogue in the Constitution (Twenty Sixth Amendment).
He explained that the objective of the Amendment was to strengthen the Constitution and the legal framework.
In response to a question, the JUI-F chief said “all judges are respectable to us, and we do not aim to make anyone controversial.”
Mengal asks BNP-M senators to resign for supporting constitutional amendment
Balochistan National Party-Mengal (BNP-M) chief Akhtar Mengal has instructed the party’s two senators to resign immediately after they voted in favour of the 26th Constitutional Amendment in the Senate.
Mengal warned Senator Naseema Ehsan and Senator Qasim Ronjho of expulsion from the party if they fail to tender resignations by Monday (tomorrow).
The two BNP-M senators had supported the government’s amendment, which passed with a two-thirds majority, gaining 65 votes.
Senator Ehsan arrived in the Senate wearing a face mask, while Ronjho was brought in a wheelchair. Although efforts were made to seat them with government members, they returned to the opposition benches.
Earlier, Speaking informally to reporters at the Parliament House, Mengal said his party has lost contact with its senators. “We are here to find our senators. We’ve checked their lodges, but they are not there,” he stated.
Mengal speculated that his party’s two senators might be at Jati Umra, Bilawal House, or Aabpara, adding, “But they certainly can’t be in Bani Gala.”
The comments came as Pakistan’s federal cabinet, chaired by Prime Minister Shehbaz Sharif, approved the draft of the 26th constitutional amendment.
Speaking to the media outside Parliament House after session, Mengal stated, “What you have witnessed today is a disgraceful joke, played with the country’s parliament and constitution.”
He questioned the motive behind the amendments, asking, “Which forces are being appeased by these changes? Will these amendments improve Pakistan’s economic situation? Will they address the longstanding injustices faced by the smaller provinces?”
Passage of 26th constitutional amendment historic achievement
Former Federal Minister and Senator Faisal Vawda on Sunday hailed the passage of the 26th constitutional amendment as a “historic success” and expressed satisfaction over the high number of votes it received.
Speaking to the media outside Parliament House, he revealed that he had refused to meet PTI founder following the events of May 9 in Lahore.
He said that the people of Pakistan would now witness progress, prosperity and development as a result of the amendment.
He also criticized the current PTI leadership for leading the party’s founder into its present difficulties, adding, “Had Imran Khan listened to me at that time, he would be in a much better position today, instead of being in jail.”
In response to a question about PTI’s founder, Vawda expressed skepticism about the possibility of any relief for him.
Federal Cabinet approves draft of 26th Constitutional Amendment
Earlier, the federal cabinet on Sunday approved the draft of the 26th Constitutional Amendment proposed by the government allied parties including the PPP.
During the cabinet meeting chaired by Prime Minister Muhammad Shehbaz Sharif, Minister of Law and Justice Azam Nazeer Tarar provided a detailed briefing on the amendment.
Addressing the cabinet, PM Shehbaz Sharif hailed the decision as a major achievement for Pakistan’s development and progress. “The cabinet has made an excellent decision for the development, prosperity and the betterment of the country’s overall situation”, he said.
The prime minister congratulated the nation on the approval of the 26th Amendment, emphasizing that it was made in the larger national interest.
He reiterated the government’s commitment to public welfare and the constitutional integrity of the country.
“By the grace of Allah, after stabilizing the economy, we have now crossed a milestone for constitutional stability and the rule of law in Pakistan,” he said.
Looking ahead, the prime minister assured that the government would continue working diligently for the country’s development, prosperity, and stability in line with the promises made to the people.
He also expressed gratitude to the heads of the government’s allied parties for their support, particularly acknowledging the contributions of PPP Chairman Bilawal Bhutto Zardari, Deputy Prime Minister and Foreign Minister Ishaq Dar, Interior Minister Mohsin Raza Naqvi, Adviser to the Prime Minister Rana Sanaullah, and Minister of Information and Broadcasting Attaullah Tarar.
Tarar calls constitutional package a milestone for parliamentary supremacy
Federal Minister for Information, Broadcasting, National Heritage and Culture Attaullah Tarar on Sunday said that it was a historic day and a milestone for the state and people of Pakistan as the supremacy of Parliament was established.
Talking to media outside Parliament House, along with Minister for Law and Justice Azam Nazeer Tarar here, he said the Constitution was clear about the supremacy of Parliament. “It was stipulated in the Charter of Democracy to facilitate the delivery of cheap and speedy justice”, the minister added.
He said that consultation with all political parties was the beauty of the democratic process and no political party has been left out in this process. He said that prolonged but constructive consultations were held on the constitutional package and no urgency had been shown in this regard.
The minister said that the constitutional package was an important step towards speedy delivery of justice in the country.
He said that Deputy Prime Minister Ishaq Dar, Minister of Law and Justice Azam Nazeer Tarar, Special Assistant to Prime Minister on Political Affairs Rana Sanaullah and other leaders had played an important role in finalising the constitutional package and the cabinet appreciated their efforts.
He said that Prime Minister Shehbaz Sharif thanked all coalition parties especially PPP Chairman Bilawal Bhutto Zardari, President Asif Zardari, Naveed Qamar and Sherry Rehman for their positive role.
He said the amendments to the package being introduced on Sunday were originally envisaged in the Charter of Democracy signed between Shaheed Benazir Bhutto and Nawaz Sharif in 2006.
During the talks, Tarar said that the federal cabinet has approved the comprehensive draft of the 26th constitutional amendment unanimously which also includes the proposals of JUIF.
Talking to the media outside of the Parliament House, the minister said that according to the amendments the chief justice of Pakistan would be appointed amongst the most three senior judges of the Supreme Court.
He said that the Jamiat Ulema Islam (JUI-F) has suggested five proposals in the 26th constitutional amendments which were linked to the Islamic law and Islamic Ideological Council (IIC).
The law minister said that the draft was prepared after a threadbare discussion and broader consultation with all political parties and their leaders in the House as well as their legal representatives.
He said that multiple meetings were held among different stakeholders, including Chairman Pakistan People Party (PPP) Bilawal Bhutto Zardari, JUI-F’s Chief Maulana Fazal-ur-Rehman, and other political leaders.
The minister asserted that constitutional benches mechanism is also suggested for the provinces and the evaluation of the performances of High Court Judges was suggested in this constitution package.
He said that as per the amendments, the Chief Justice of Pakistan (CJP) would head the Judicial Commission of Pakistan while the four most senior judges and a member from a minority would also be part of it.
The mechanism of appointment of Chief Justice of the Supreme Court would be the part of constitutional package, he said.
The minister said that the 26th constitutional amendment’s draft has been finalized with the political consensus after a detailed discussion in the Parliamentary committee having representation from the coalition partners including PPP, IPP, PMLQ, ANP, PML- Z, MQM, BAP and others.
Preparations for constitutional package completed: Info Minister
Federal Minister for Information, Broadcasting, National Heritage and Culture Attaullah Tarar on Sunday said that all preparations for constitutional amendments were completed.
Talking informally with journalists before the cabinet meeting, he said Rana Sanaullah rightly said that this matter would be settled on Sunday.
“Our priority is to move forward with a consensus on the constitutional amendment bill”, he said adding that there were other options for constitutional amendment passage were also available.
