What is the 26th amendment of the Pakistan Constitution?

A simplified explanation of the 26th Constitutional Amendment to help everyone understand the changes it has introduced to Pakistan’s constitution.

1. Clean Environment (Article 9A): Adds the right to a clean and healthy environment for all citizens.
2. Elimination of Riba (Article 38): Sets a deadline to completely eliminate interest (riba) by January 1, 2028.
3. Presidential Advice (Article 48): Prohibits courts from inquiring about advice given to the President by the Prime Minister or Cabinet.
4. Budget for Elections (Article 81): Adds a provision to allocate funds for organizing elections at all levels.
5. Role of Advisors (Article 111): Recognizes advisors appointed under Article 130 as part of the constitutional framework.
6. Judicial Appointments & Evaluations (Article 175A): Changes the composition and procedure for appointing judges, including performance evaluation for High Court judges.
7. Chief Justice Selection (Article 175A): Introduces a parliamentary committee for nominating the Chief Justice of Pakistan from the three most senior judges.
8. Supreme Court Judges (Article 177): Updates qualifications for being appointed as a Supreme Court judge.
9. Chief Justice Term (Article 179): Limits the Chief Justice of Pakistan’s term to 3 years.
10. Suo Motu Powers (Article 184): Restricts the Supreme Court’s suo motu powers, requiring applications to be filed before action is taken.
11. Appeal Fee Increase (Article 185): Raises the appeal fee from PKR 50,000 to PKR 1 million.
12. Case Transfers (Article 186A): Allows the Supreme Court to transfer cases between High Courts or to itself.
13. Supreme Court Powers (Article 187): Clarifies the Supreme Court’s authority over specific orders and jurisdiction.
14. Constitutional Benches (Article 191A): Establishes special benches in the Supreme Court for constitutional matters.
15. High Court Judge Criteria (Article 193): Sets a minimum age of 40 for appointing High Court judges, with required experience.
16. Suo Motu Limits for High Courts (Article 199): Similar to the Supreme Court, restricts High Courts from taking suo motu action without formal applications.
17. Constitutional Benches in High Courts (Article 202A): Sets up specialized benches in High Courts for specific constitutional cases.
18. Federal Shariat Court (Article 203C): Allows a Judge of the Federal Shariat Court qualified for the Supreme Court to be considered for appointments.
19. Appeal Decisions (Article 203D): Mandates a 12-month deadline for resolving appeals in cases after the amendment takes effect.
20. Article 208 Amendment: Expands the jurisdiction of the Supreme Court and Federal Shariat Court to include the Islamabad High Court.
21. Article 209 Substitution: Establishes a Supreme Judicial Council composed of the Chief Justice of Pakistan, the two next most senior Supreme Court judges, and the two most senior Chief Justices of the High Courts. Key provisions include:

• Procedures for appointing substitute members during inquiries.
• Majority opinion prevailing in decisions.
• Authority for the Council to inquire into judges’ capacity, efficiency, or misconduct, based on information or reports.
• A six-month timeline for the Council to report its findings regarding a judge’s capacity or misconduct, leading to potential removal by the President.
• A code of conduct for judges and the establishment of a secretariat for the Council.

22. Article 215 Amendment: Adds a provision ensuring that a Commissioner and a member continue in office after their term until a successor assumes the position.
23. Article 229 Amendment: Changes the fraction from “two-fifths” to “one-fourth,” likely referring to the representation or voting requirements for certain decisions.
24. Article 230 Amendment: Modifies the final report review timeline to require that the report be considered within twelve months after its submission.
25. Article 255 Amendment: Clarifies that a person can only be removed from a position by the Chief Justice of a High Court in the case of a Province, or by the Chief Justice of Pakistan in all other instances.
26. Article 259 Amendment: Expands the fields mentioned to include science, technology, medicine, arts, or public service, replacing “or nursing.”
27. Fourth Schedule Amendment: Inserts local taxes, fees, cess, charges, and tolls in cantonment areas into the Fourth Schedule, potentially expanding the revenue collection framework in those areas.