Twenty-Sixth Amendment, 2024 of the Constitution: Major Changes to Judicial Powers and Constitutional Rights
The Constitutional (Twenty-Sixth Amendment) Act, 2024, amends multiple provisions of the Constitution of the Islamic Republic of Pakistan, 1973. The Act comes into force immediately, and all changes take effect at once. The major amendments include the following:
A new fundamental right is introduced, guaranteeing every citizen entitlement to a clean and sustainable environment.
Article 38(f), under the Principles of Policy, is amended to mandate the elimination of Riba by 2028.
iii) Amendment to Article 48(4): Presidential and Prime Ministerial Immunity
Changes are made to Article 48(4), which concerns the immunity of the President and Prime Minister from legal proceedings.
Administrative expenses of the Supreme Judicial Council, Judicial Commission of Pakistan, and election-related expenditures for the National Assembly, Senate, Provincial Assemblies and local governments are now charged upon the Federal Consolidated Fund.
An Adviser appointed under Article 130(11) is empowered to speak and participate in provincial assembly proceedings in addition to the Advocate General.
Substantial changes are introduced to the structure of the Judicial Commission of Pakistan, adding parliamentarians/Senators to the Commission. The Supreme Judicial Council is empowered to assess High Court judges’ performance and the mechanism for appointing the Chief Justice of Pakistan is revised.
vii) Amendment to Article 177(2): Qualifications for Supreme Court Judges
A new requirement makes it mandatory that an advocate eligible for Supreme Court appointment must also be an advocate of the Supreme Court, in addition to either five years as a High Court judge or fifteen years as a High Court advocate.
viii) Amendment to Article 179: Tenure of the Chief Justice of Pakistan
The Chief Justice of Pakistan will now serve a three-year term or retire earlier upon resignation, reaching age 65, or being removed under the Constitution. Upon completion of the three-year term, the Chief Justice must retire regardless of age.
The Supreme Court cannot issue orders or exercise suo motu jurisdiction beyond the scope of an application filed under Article 184(3).
The monetary threshold referenced in Article 185(2)(d) is increased from “fifty thousand” to “one million.”
The Supreme Court may transfer any case or appeal pending before a High Court to another High Court or to itself if deemed necessary in the interest of justice.
xii) Amendment to Article 187(1): Scope of Supreme Court Orders
Orders under Article 187(1) must relate only to jurisdiction expressly vested in the Supreme Court.
xiii) Insertion of Article 191-A: Constitutional Benches of the Supreme Court
Special Constitutional Benches are created within the Supreme Court, composed of judges nominated by the Judicial Commission with equal provincial representation. These benches exclusively exercise jurisdiction under Articles 184, 185(3), and 186. Pending constitutional matters will be transferred to these benches.
xiv) Amendment to Article 193(2): Qualifications for High Court Judges
The minimum age for High Court judges is set at forty. Ten years of experience as an advocate of a High Court or as a judicial officer is required. The hybrid experience is also countable.
High Courts are barred from issuing orders or acting suo motu beyond the contents of applications filed under Article 199(1) of the Constitution.
xvi) Insertion of Article 202-A: High Court Constitutional Benches
Special Constitutional Benches are established in High Courts, nominated by the Judicial Commission. These benches will exclusively hear cases arising under specified provisions of Article 199. Pending cases will be transferred accordingly, and benches may regulate their procedures.
xvii) Amendment to Article 203C(3): Eligibility for Judicial Roles
A judge of the Federal Shariat Court qualified to be a Supreme Court judge becomes eligible for certain judicial roles previously reserved for High Court judges.
xviii) Amendment to Article 203D(2): Time Limit for Appeals
Appeals filed after commencement of the amendment must be disposed of within twelve months. Unless suspended by the Supreme Court, the decision takes effect after this period.
xix) Amendment to Article 208: Inclusion of Islamabad High Court
References to judicial bodies are expanded to include the Islamabad High Court.
A new structure for the SJC is introduced, comprising the Chief Justice of Pakistan, the two next most senior Supreme Court judges, and the two senior-most High Court Chief Justices. The Council will handle inquiries into judicial misconduct, with recommendations requiring Presidential approval.
xxi) Amendment to Article 215: Continuity of Office for ECP Members
The Election Commissioner and members will continue in office until successors assume charge. A linguistic correction replaces “further” with “also.”
xxii) Amendment to Article 229 – Fraction Changed
The fraction “two-fifths” is replaced with “one-fourth.”
xxiii) Amendment to Article 230(4): Timeline for Report Consideration
A proviso requires that any final report laid under Article 230 must be considered within twelve months.
xxv) Amendment to Article 255(2): Clarification of Judicial Authority
For provincial matters, the Chief Justice of the relevant High Court is the competent authority for all other cases and the Chief Justice of Pakistan holds authority.
xxvi) Amendment to Article 259(2): Expanded Fields of Recognition
The words “or nursing” are replaced with “science, technology, medicine, arts or public service,” broadening the categories of fields recognized under the article.
xxvii) Amendment to Fourth Schedule (Part I, Entry 2)
The Schedule now includes “local taxes, fees, cess, charges, tolls” in cantonment areas, expanding the federal legislative domain.
