Lawyers to launch national movement on amendment

Islamabad: The Lawyers' Action Committee on Saturday announced to initiate a movement advocating for a nationwide referendum regarding the 26th Constitutional Amendment.

During a press briefing following a meeting of lawyers, Advocate Munir A. Malik stated, “We are discussing how the lawyers' movement will progress, whether it will be slow or fast.” He emphasised the necessity of a national referendum to ascertain the views of the public and the legal community on the controversial amendment.

He remarked, “If we don’t hold this referendum, we will never know what the people and lawyers want.”

Malik expressed strong opposition to the 26th Amendment, asserting that it contradicts the basic structure of the Constitution.

“No one will accept it,” he stated, expressing hope that a full court will be constituted to hear the petitions against the amendment in the Supreme Court. He added, “We expect the judiciary to take a proactive role rather than remain a silent spectator. If that happens, lawyers across the country will stand alongside them.”

In a separate comment, Ali Ahmed Kurd announced that Munir A. Malik has been elected as the chairman of the action committee, expressing enthusiasm for the slogan of the lawyers' movement: “We will not back down.”

Following the approval of the 26th Constitutional Amendment, a new selection process for the Chief Justice of Pakistan has come into place in the country. Under the new law, the Chief Justice of Pakistan will be selected from among three senior judges rather than automatically choosing the most senior.

This move towards reconstituting the judicial commission aims to address pressing legal matters and enhance the functionality of the judicial system in Pakistan.

A 12-member parliamentary committee will decide the chief justice's name, requiring a two-thirds majority. The name will then be sent to the Prime Minister, who will forward it to the President for approval.

In cases where a senior judge declines, the next most senior judge's name will be considered. The term for the Chief Justice will last for three years or until reaching the retirement age of 65.

In addition, the amendment outlines that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice.

This commission will include four senior judges, the Federal Law Minister, the Attorney General, and two representatives each from the National Assembly and Senate, along with a representative from the Bar Council with at least 15 years of experience.

The amendment also stipulates that no court, tribunal, or authority can challenge the advice sent to the President by the Prime Minister or Cabinet.

Furthermore, the Judicial Commission will include four parliament members to oversee the selection of Supreme Court judges. The commission will establish the number of constitutional benches and judges within the Supreme Court and High Courts.