Pakistan Foreign Minister Khawaja Muhammad Asif claims the government now has the support required numbers in both the Senate and the National Assembly to pass an amendment. File
| Photo Credit: Reuters

The Pakistan cabinet will meet on Sunday (October 20, 2024) to review and approve the final draft of the ‘much-touted’ 26th Constitutional Amendment.

The government has not officially shared the details of the constitutional amendment with the media or discussed them publically, but according to reports, its alleged objective is to dilute the power of an independent judiciary.

Reports indicate that the government plans to raise the retirement age for judges and fix the tenure of the Chief Justice of the Supreme Court.

Former Interior Minister Rana Sanaullah told Samaa News Channel that the cabinet would approve the constitutional package, which would then be presented to Parliament for approval.

The cabinet will convene at 2:30 p.m., followed by a Senate session at 3:00 p.m. and a National Assembly meeting at 6:00 p.m., the channel reported.

The two houses of the Parliament should separately pass the bill with a two-thirds majority for it to become law. Earlier, the government lacked the required numbers in both the Senate and the National Assembly. However, Defence Minister Khawaja Asif has claimed it now has the support to reach the required numbers.

Maulana Fazlur Rehman of Jamiat Ulema-e-Islam (JUI-F), in a late-night talk with the media along with Peoples Party Pakistan (PPP) chief Bilawal Bhutto-Zardari, said his party would support the 26th constitutional amendment after receiving a response from the Pakistan Tehreek-e-Insaf (PTI) and sought a day for further deliberation.

The JUI-F reached a consensus on the constitutional package after the government agreed to remove all parts not acceptable to the party, Mr. Rehman said.

Mr. Bilawal, who is spearheading the official effort to garner the required numerical strength, said on the occasion that he wanted the legislation to take place with the consensus of all the political parties.

A common element in the drafts is that the government has abandoned the proposal to create a separate constitutional court. Instead, it has agreed to establish a special constitutional bench within the Supreme Court to address any constitutional or political issues.

Reportedly, the government did succeed in getting support to prevent the senior-most judge of the top court from automatically becoming the Chief Justice. It also introduced a special parliamentary panel to appoint the Chief Justice out of the three top judges of the court. If passed, the government could block Justice Masoor Ali Shah from succeeding the current Chief Justice, Qazi Faez Isa, upon his retirement. Isa is set to retire on October 25 after reaching superannuation, which is 65 years.

The original idea of extending the retirement age of judges from 65 to 68 is also not part of the amendment.

To succeed, it should be passed before the October 25 deadline to complete the formalities for setting up the special panel.

To pass the amendment, the governed needs 224 votes in the National Assembly of 336 lawmakers and 64 in the Senate. The current coalition strength in the NA is 213 and 52 in the Senate. The JUI-F with eight NA members and five senators is in a position to play a major role. Rehman can also bring the votes of opposition parties like the jailed former premier Imran Khan’s PTI.

The government was forced to delay tabling the amendment bill in Parliament last month after its efforts to get Mr. Rehman’s support failed earlier.

Meanwhile, after a late-night meeting, the PTI has decided to boycott Parliament when the amendment will be presented, the report said.

PTI leader Gohar Khan told the media that party founder Khan wanted more time and authorised his party to continue to engage with Mr. Rehman.

Reportedly, the PTI side sought to delay the process until October 25, when Chief Justice Isa retires, as it supports Justice Shah for the position.

There are also allegations by the PTI and some other parties that their lawmakers were being forced to support the move. The party claimed it was unable to contact at least two PTI senators.

Allegations about opposition lawmakers being abducted to vote for the bill have been rejected by Defence Minister Asif.