Constitution (Twenty-sixth Amendment) Act, 2024

The Constitution (Twenty-sixth Amendment) Act, 2024 is a proposed amendment to the Constitution of Pakistan, which introduces several key changes to the judicial and executive systems. The amendment, finalised by a special parliamentary committee on 18 October 2024, consists of 11 pages and 26 amendments. It was introduced with the goal of enhancing judicial transparency, defining the powers of the judiciary, and ensuring a more efficient legal process.

The proposed amendment introduces Article 9A, which guarantees a clean and healthy environment as a fundamental right, and modifies Articles 38, 48, 81, and 175A, among others. Notably, it amends Article 175A regarding judicial appointments by expanding the Judicial Commission of Pakistan to include both parliamentary and judicial members. The amendment also proposes significant changes to the process for appointing the Chief Justice of Pakistan and members of the judiciary.

A key aspect of the amendment is the restriction placed on courts from questioning recommendations made by the cabinet to the president or prime minister. The amendment also revises the process for taking suo motu actions by both the Supreme Court and high courts, transferring the power to a committee of judges under the Practice and Procedure Act.

The amendment has been met with broad political support, with Pakistan People's Party chairman Bilawal Bhutto Zardari confirming a consensus on the changes. Pakistan Tehreek-e-Insaf chief Gohar Ali Khan stated that the draft aligns with agreements previously reached with Jamiat Ulema-e-Islam (F) leader Maulana Fazlur Rehman.

Despite being finalised by the committee, the draft is yet to be debated or adopted by the National Assembly of Pakistan.