The draft of the 26th constitutional amendment proposed by the incumbent government allows dual citizens to contest the elections.

According to details, the government’s proposed draft of the 26th Constitutional Amendment has been obtained by Samaa TV. The draft, comprising 12 pages and 24 key points suggests major reforms to the judiciary and the electoral framework in the country.

The highlights of the amendment include the establishment of a "Constitutional Division" within the Supreme Court, which will oversee constitutional appeals and the hearing of cases.

 

A three-member bench, constituted by the three senior-most judges of this division, will handle cases previously under the original jurisdiction of the Supreme Court.

The proposed changes emphasize equitable representation of judges from all provinces, aiming for a balanced judicial structure. Notably, no Supreme Court judge will have the authority to hear suo motu cases, constitutional appeals, or presidential references independently.

The draft introduced a new Article 191A, declaring a healthy and sustainable environment a fundamental right. Additionally, amendments to existing articles aim to restrict judicial review of summaries submitted by the prime minister or cabinet and allow dual citizens to contest elections, provided they renounce foreign citizenship within 90 days of being elected.

The reforms had also proposed alterations to the composition and functioning of the judicial commission and the Supreme Judicial Council.

Meanwhile, the measures to ensure accountability, including performance reviews of judges, are part of the comprehensive overhaul.

As these proposed changes circulate, they have ignited discussions regarding the future of judicial and electoral integrity in Pakistan.

The implications of these reforms could reshape the legal landscape, promoting greater transparency and representation within the judiciary and government.

The PPP had rebutted claims that it and other parties are withdrawing from discussions on establishing constitutional courts.

Addressing the media, PPP senior leader and former National Assembly speaker Raja Pervez Ashraf clarified that consultations among political parties are still underway and that a joint draft will soon be presented.

Earlier, a special parliamentary committee, chaired by PPP’s Syed Khurshid Shah, convened on Thursday to deliberate on the draft of the 26th amendment.

According to insiders, the government and JUI-F are preparing a joint draft in consultation with Pakistan Tehreek-e-Insaf (PTI). JUI-F chief Maulana Fazlur Rehman will present the final draft to the PTI leadership, with discussions reportedly in the final stages.

The meeting, which lasted several hours, concluded with the committee agreeing to reconvene on Friday after prayers. 

MQM-P's endorsement 

Dr Farooq Sattar -  a leader of the Muttahida Qaumi Movement - Pakistan (MQM-P) -  informed reporters outside the Parliament that a broad consensus had been reached on the constitutional amendment. “There is agreement on almost every major point,” Sattar remarked.

Similarly, PPP Senator Sherry Rehman confirmed that her party and JUI-F have aligned on the draft, further noting that progress is being made on the broader coalition’s stance. Law Minister Azam Nazir Tarar echoed this optimism, stating that “very good news” was imminent.

Meanwhile, PML-N Senator Irfan Siddiqui hinted at a breakthrough, expressing confidence that the committee would soon finalize the amendment. "There was productive dialogue today, and most parties, including the PML-N, are on board with the draft," he noted.

PTI’s opposition and allegations

However, PTI remains a critical voice of dissent. PTI leaders Umar Ayub and Barrister Gohar Khan expressed concerns during the committee meeting, accusing the government of using coercion against their members.

Speaking to the media, Omar Ayub alleged that PTI lawmakers and their families were being harassed. He claimed that the wife of PTI MNA Zain Qureshi was abducted, while the son of Riaz Fatyana was kidnapped.

Omar Ayub further criticised the government for threatening businesses linked to opposition members and questioned the involvement of security agencies in these actions. 

Irfan Siddiqui says draft to be presented in NA on Friday

Despite PTI’s objections, the government remains focused on pushing through the 26th constitutional amendment. Senator Irfan Siddiqui indicated that the draft, which is nearly 90% complete, will be presented in the Senate by Friday.

Informally addressing journalists, he expressed hope that the process would soon come to a conclusion.

In parallel, Prime Minister Shehbaz Sharif has intensified efforts to ensure the draft's finalization. He met with PPP Co-chairman Asif Ali Zardari at the President's House to discuss the proposed changes.

Sharif also hosted a luncheon in honor of the coalition senators, which was attended by key figures including Senate Chairman Sadiq Sanjrani and Deputy Chairman Mirza Afridi.

Meanwhile, Awami National Party’s Ameer Haider Khan Hoti confirmed that while the Constitutional Bench has been agreed upon, discussions on whether to establish a Constitutional Court remain unresolved.

The constitutional amendment

Efforts to pass the 26th Amendment have been ongoing for months. The proposed changes aim to reshape the judiciary’s role in constitutional matters, a move that has sparked widespread debate among lawmakers. Last month, the government’s attempt to pass the amendment was postponed due to a lack of consensus and insufficient support in the National Assembly, where a two-thirds majority is required.

While the ruling coalition remains hopeful of passing the amendment, PTI's opposition and concerns over the alleged misuse of government agencies continue to pose significant challenges.

The special parliamentary committee will meet again on Friday as political manoeuvring around the constitutional amendment intensifies.