PART I] THE GAZETTE OF PAKISTAN, EXTRA.

, OCTOBER 21, 2024 541

ISLAMABAD, MONDAY, OCTOBER 21, 2024

PART I

Acts, Ordinances, President’s Orders and Regulations

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 21st October, 2024

No. F. 22(25)/2024-Legis.—The following Act of Majlis-e-Shoora

(Parliament) received the assent of the President on the 21st October, 2024, is
hereby published for general information:—

ACT NO. XXVI OF 2024

AN

ACT

further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS , it is expedient further to amend the Constitution of the

Islamic Republic of Pakistan, in the manner and for the purposes hereinafter
appearing;

It is hereby enacted as follows:—

(541)
Price : Rs. 20.00
[8775(2024)/Ex. Gaz.]
542 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

1. Short title and commencement.—(1) This Act shall be called

the Constitution (Twenty-sixth Amendment) Act, 2024.

(2) This Act shall come into force at once.

2. Insertion of new Article 9A of the Constitution.—In the

Constitution of the Islamic Republic of Pakistan, hereinafter called as the
Constitution, after Article 9, the following new Article 9A shall be inserted,
namely:-

―9A. Clean and healthy environment.—Every person shall be

entitled to a clean, healthy and sustainable environment.‖.

3. Amendment of Article 38 of the Constitution.—In the

Constitution, in Article 38, for paragraph (f), the following shall be
substituted, namely:–

―(f) eliminate riba completely before the first day of January, two
thousand twenty-eight; and‖.

4. Amendment of Article 48 of the Constitution.—In the

Constitution, in Article 48, for clause (4), the following shall be substituted,
namely:—

―(4) The question whether any, and if so what, advice was tendered
to the President by the Cabinet, or the Prime Minister, shall not
be inquired into in, or by, any court, tribunal or other authority.‖.

5. Amendment of Article 81 of the Constitution.—In the

Constitution, in Article 81,—

(i) in paragraph (b), for the words ―Supreme Court‖, the expression
―Supreme Court, the Judicial Commission of Pakistan, the
Supreme Judicial Council‖ shall be substituted; and

(ii) in paragraph (d), the word ―and‖ shall be omitted and thereafter
the following new paragraph shall be inserted, namely:–

―(da) any sums required to organize and conduct elections to the

National Assembly, Senate, Provincial Assemblies and the
local governments; and‖.

6. Amendment of Article 111 of the Constitution.—In the

Constitution, in Article 111, after the expression ―The Advocate-General‖,
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 543

the expression ―and an Adviser appointed under clause (11) of Article 130‖
shall be inserted.

7. Amendment of Article 175A of the Constitution.—In the

Constitution, in Article 175A,–

(i) in clause (1), after the expression ―Shariat Court,‖, the

expression ―and for performance evaluation of Judges of the
High Courts,‖ shall be inserted;

(ii) for clause (2), the following shall be substituted, namely:—

―(2) For appointment of Judges of the Supreme Court, the

Commission shall consist of—

(i) Chief Justice of Pakistan; Chairperson

(ii) three most senior Judges of the Supreme Members
Court;
(iii) Most senior Judge of the Constitutional Member
Benches;
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; Member
(vi) an advocate having not less than fifteen Member
years of practice in the Supreme Court to be
nominated by the Pakistan Bar Council for
a term of two years;
(vii) two members from the Senate and two
members from the National Assembly of Members
whom two shall be from the Treasury
Benches, one from each House, and two
from the Opposition Benches, one from
each House. The nomination from the
Treasury Benches shall be made by the
Leader of the House and from the
Opposition Benches by the Leader of the
Opposition:

Provided that during the time when the

National Assembly stands dissolved, the
remaining two members, for the purpose of
this paragraph, shall be nominated from the
Senate in the manner as aforesaid, for such
period;
(viii) a woman or non-Muslim, other than a
member of Majlis-e-Shoora (Parliament), Member
who is qualified to be a member of the
544 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

Senate as a technocrat, to be nominated by

the Speaker of the National Assembly for a
term of two years.

Explanation.—If the most senior Judge of the Constitutional

Benches is the Chief Justice of Pakistan or is from amongst the
Judges in paragraph (ii) of clause (2), the Judge who is next in
seniority below the Judges referred in paragraph (ii) of clause (2)
shall become member of the Commission.‖;

(iii) for clause (3), the following shall be substituted, namely:—

―(3) Notwithstanding anything contained in clause (1), or clause

(2), the Chief Justice of Pakistan shall be nominated by the
Special Parliamentary Committee, in this Article referred to
as the Committee, from amongst the three most senior
Judges of the Supreme Court. The Committee shall send the
name of the nominee to the Prime Minister who shall
forward the same to the President for appointment:

Provided that where the nominee under this clause

declines a Judge from the remaining Judges amongst the
three most senior Judges shall be considered and
nominated:

Provided further that where the nominee under first

proviso also declines the next most senior Judge if he is not
from amongst the three most senior Judges shall be
considered and nominated by the Committee and so on till
the nominee under this clause is appointment as the Chief
Justice of Pakistan.‖;

(iv) after clause (3), substituted as aforesaid, the following new

clauses shall be inserted, namely:–

―(3A) The Committee shall consist of the following twelve

members, namely:—

(i) eight members from the National Assembly; and

(ii) four members from the Senate:

Provided that when the National Assembly

stands dissolved, the total membership of the
Committee shall consist of the members from the
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 545

Senate only mentioned in paragraph (ii) and the

provisions of this Article shall, mutatis mutandis,
apply.

(3B) The Parliamentary Parties shall have proportional

representation on the Committee, based on their strength in
Majlis-e-Shoora (Parliament), to be nominated by their
respective Parliamentary Leaders. The Chairman and the
Speaker of the National Assembly, as the case may be,
shall notify members of the Committee.

(3C) The Committee, by the majority of not less than two-thirds

of its total membership, within fourteen days prior to the
retirement of the Chief Justice of Pakistan shall send the
nomination as provided in clause (3):

Provided that the first nomination under clause (3),

after commencement of the Constitution (Twenty-sixth
Amendment) Act, 2024 (XXVI of 2024), shall be sent
within three days prior to the retirement of the Chief Justice
of Pakistan.

(3D) No action or decision taken by the Commission or the

Committee shall be invalid or called in question only on the
ground of existence of a vacancy therein or of the absence
of any member from any meeting thereof.

(3E) The meetings of the Committee shall be held in camera and

the record of its proceedings shall be maintained.

(3F) The provisions of Article 68 shall not apply to the

proceedings of the Committee.

(3G) The Committee may make rules for regulating its

procedure.‖;

(v) for clause (4), the following shall be substituted, namely:–

―(4) The Commission may make rules regulating its procedure

including the procedure and criteria for assessment,
evaluation and fitness for appointment of Judges.‖;

(vi) in clause (5),—

546 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

(A) in paragraph (ii), for the words ―the most senior Judge of
that High Court‖, the words ―Head of Constitutional
Benches of that High Court‖ shall be substituted;

(B) in paragraph (iv), for the colon, occurring for the first time,
a full stop shall be substituted and thereafter the following
explanation shall be inserted, namely:-

“Explanation.—If Head of Constitutional Benches of a

High Court is the Chief Justice of that High Court, the
Judge who is next in seniority shall become member of the
Commission:‖;

(C) for the first proviso, the following shall be substituted,

namely:—

―Provided that for appointment of the Chief Justice of a

High Court the Judge mentioned in paragraph (ii), if he is
the most senior Judge of a High Court, shall not be member
of the Commission:‖;

(D) in the second proviso, for the expression ―Chief Justice of

Pakistan in consultation with the four member Judges of
the Commission mentioned in paragraph (ii) of clause (2)‖,
the word ―Commission‖ shall be substituted; and

(E) in the second proviso, amended as aforesaid, for the full

stop at the end a colon shall be substituted and thereafter,
the following new proviso shall be added, namely:—

―Provided also that the amendments in paragraph (ii)

and first proviso shall take effect on coming into force of
Article 202A for the respective High Courts.

(vii) in clause (6),–

(A) in paragraph (i), the word ―and‖ shall be omitted;

(B) in paragraph (ii), for the words ―the most senior Judge of
that High Court‖, the words ―Head of Constitutional
Benches of that High Court‖ shall be substituted;

(C) in paragraph (ii), for the colon, a semi-colon shall be

substituted and thereafter, the following new paragraphs
shall be added, namely:–
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 547

―(iii) an advocate having not less than fifteen Member

years of practice in the High Court to be
nominated by the Islamabad Bar Council
for a term of two years; and
(iv) a Federal Minister nominated by the Member”;
Prime Minister:

(D) in the second proviso, after the expression ―Court, the‖, the
words ―Explanation and‖ shall be inserted.

(viii) for clause (8), the following shall be substituted, namely: –

―(8) The Commission, by the majority of its total membership,

shall nominate one person for each vacancy of a Judge in
the Supreme Court, a High Court or the Federal Shariat
Court, as the case may be, to the Prime Minister who shall
forward the same to the President for appointment.‖;

(ix) clauses (9) and (10) shall be omitted;

(x) in clause (11), for the word ―Senate‖, the word ―National
Assembly‖ shall be substituted;

(xi) clauses (12), (13), (14), (15), (16) and (17) shall be omitted; and

(xii) after clause (17), omitted as aforesaid, the following new clauses
shall be added, namely:–

―(18) The Commission in clause (2) shall conduct an annual

performance evaluation of Judges of the High Courts.

(19) If the performance of a Judge of a High Court is found by

the Commission to be inefficient, it shall grant him such
period for improvement, as it deems appropriate. If, upon
completion of the period so granted, the performance of
such Judge is again found to be inefficient, the Commission
shall send its report to the Supreme Judicial Council.

(20) The Commission may make separate rules for setting up

effective standards for performance evaluation for the
purpose of clauses (18) and (19).

(21) For the purposes of this Article and subject to the rules
made by the Commission, there shall be a secretariat of the
548 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

Commission to be headed by a secretary and shall include

such other officers and staff, as may be necessary.

(22) One-third of the members of the Commission may

requisition a meeting of the Commission by sending a
written request to the Chairperson who shall convene the
meeting of the Commission not later than fifteen days from
the receipt of such requisition. If the Chairperson fails to
convene a meeting within the aforesaid period, the
secretary shall convene the meeting within seven days of
the expiry of the aforesaid period.

(23) For each anticipated or actual vacancy of a Judge in the

Supreme Court, the Chief Justice of the Federal Shariat
Court, the Chief Justice of a High Court, a Judge in the
Federal Shariat Court or a Judge in a High Court, any
member of the Commission may give nominations in the
Commission for appointment against such vacancy.‖.

8. Amendment of Article 177 of the Constitution.—In the

Constitution, in Article 177, for clause (2), the followin g shall be substituted,
namely:—

―(2) A person shall not be appointed as Judge of the Supreme Court

unless he is a citizen of Pakistan and—

(a) has for a period of, or for periods aggregating, not less than
five years been a Judge of a High Court; or

(b) has, for a period of not less than fifteen years, been an
advocate of a High Court and is an advocate of the
Supreme Court.‖.

9. Amendment of Article 179 of the Constitution.—In the

Constitution, in Article 179, for full stop at the end, a colon shall be
substituted and thereafter the following provisos shall be added, namely: –

―Provided that the term of the Chief Justice of Pakistan shall be

three years or unless he sooner resigns or attains the age of sixty-five
years or is removed from his office in accordance with the
Constitution, whichever is earlier:

Provided further that the Chief Justice of Pakistan on completion

of his term of three years shall stand retired notwithstanding his age
of superannuation.‖.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 549

10. Amendment of Article 184 of the Constitution.—In the

Constitution, in Article 184, in clause (3), for full stop at the end, a colon
shall be substituted and thereafter the following proviso shall be added,
namely:—

―Provided that the Supreme Court shall not make an order or

give direction or make a declaration on its own or in the nature of
suo motu exercise of jurisdiction beyond the contents of any
application filed under this clause.‖.

11. Amendment of Article 185 of the Constitution.—In the

Constitution, in Article 185, in clause (2), in paragraph (d), for the words
―fifty thousand‖, the words ―one million‖ shall be substituted.

12. Substitution of Article 186A of the Constitution.—In the

Constitution, for Article 186A, the following shall be substituted, namely: –

―186A. Power of Supreme Court to transfer cases.—The Supreme

Court may, if it considers it expedient to do so in the interest of
justice, transfer any case, appeal or other proceedings, pending
before any High Court to any other High Court or to itself.‖.

13. Amendment of Article 187 of the Constitution.—In the

Constitution, in Article 187, in clause (1), for full stop at the end, a colon
shall be substituted and thereafter the following proviso shall be added,
namely:–

―Provided that no order under this clause shall be passed

otherwise than in pursuance of any jurisdiction vested in and
exercised by the Supreme Court.‖.

14. Insertion of new Article 191A of the Constitution.—In the

Constitution, after Article 191, the following new Article 191A shall be
inserted, namely:-

―191A. Constitutional Benches of the Supreme Court.—(1) There

shall be Constitutional Benches of the Supreme Court
comprising such Judges of the Supreme Court and for such term
as may be nominated and determined by the Judicial
Commission of Pakistan from time to time:

Provided that the Constitutional Benches may comprise equal

number of Judges from each Province.
550 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

(2) The most senior Judge amongst Judges nominated under clause
(1) shall be the most senior Judge of the Constitutional Benches.

(3) No Bench of the Supreme Court other than a Constitutional

Bench shall exercise following jurisdictions vested in the
Supreme Court, namely:–

(a) original jurisdiction of the Supreme Court under Article 184;

(b) appellate jurisdiction of the Supreme Court under clause (3)

of Article 185, where a judgment or order of a High Court
involves constitutionality of any law or a substantial
question of law as to the interpretation of the Constitution;
and

(c) advisory jurisdiction of the Supreme Court under Article 186.

(4) For the purposes of clause (3), a Bench consisting of not less
than five Judges, to be nominated by a committee comprising the
most senior Judge of the Constitutional Benches and next two
most senior Judges from amongst the Judges nominated under
clause (1), shall hear and dispose of such matters.

(5) All petitions, appeals or review applications against judgments

rendered or orders passed, to which clause (3) applies, pending
or filed in the Supreme Court prior to commencement of the
Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024),
forthwith stand transferred to the Constitutional Benches and
shall only be heard and decided by Benches constituted under
clause (4).

(6) Notwithstanding anything contained in the Const itution but

subject to law, the Judges nominated under clause (1) may make
rules regulating the practice and procedure of the Constitutional
Benches.‖.

15. Amendment of Article 193 of the Constitution.—In the

Constitution, in Article 193, for clause (2), the following shall be substituted,
namely:–

―(2) A person shall not be appointed as a Judge of a High Court

unless he is a citizen of Pakistan, is not less than forty years of
age, and—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 551

(a) he has, for a period of not less than ten years, been an
advocate of a High Court; or

(b) he has, for a period of not less than ten years, held a
judicial office in Pakistan.

Explanation.—In computing the period during which a person has

been an advocate of a High Court or has held judicial office, there shall be
included any period during which he has held judicial office after he became
an advocate or, as the case may be, the period during which he has been an
advocate after having held judicial office.‖.

16. Amendment of Article 199 of the Constitution.—In the

Constitution, in Article 199, after clause (1), the following new clause (1A)
shall be inserted, namely:–

―(1A) For removal of doubt, the High Court shall not make an order or
give direction or make a declaration on its own or in the nature
of suo motu exercise of jurisdiction beyond the contents of any
application filed under clause (1).‖.

17. Insertion of Article 202A of the Constitution.—In the

Constitution, after Article 202, the following new Article 202A shall be
inserted, namely:—

―202A. Constitutional Benches of High Courts.—(1) There shall be

Constitutional Benches of a High Court comprising such Judges
of a High Court and for such term as may be nominated and
determined by the Judicial Commission of Pakistan as
constituted under clause (5) of Article 175A, from time to time.

(2) The most senior Judge amongst Judges nominated under clause
(1) shall be the Head of the Constitutional Benches.

(3) No Bench of a High Court other than a Constitutional Bench

shall exercise jurisdiction vested in the High Court under sub-
paragraph (i) of paragraph (a) and paragraph (c) of clause (1) of
Article 199.

(4) For the purposes of clause (1), a Bench, to be nominated by a

committee comprising the Head of the Constitutional Benches
and next two most senior Judges from amongst the Judges
nominated under clause (1), shall hear and dispose of such
matters.
552 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

(5) All petitions under sub-paragraph (i) of paragraph (a) and

paragraph (c) of clause (1) of Article 199 or appeals therefrom,
pending or filed in a High Court prior to commencement of the
Constitution (Twenty-sixth Amendment) Act, 2024
(XXVI of 2024), subject to clause (7), forthwith stand
transferred to the Constitutional Benches and shall only be heard
and decided by Benches constituted under clause (4).

(6) Notwithstanding anything contained in the Constitution but

subject to an Act of Majlis-e-Shoora (Parliament) in respect of
the Islamabad High Court and an Act of Provincial Assembly in
respect of other respective High Courts, a High Court may make
rules regulating the practice and procedure of the Constitutional
Benches.

(7) This Article shall come into force, if in respect of–

(a) the Islamabad High Court, both Houses of Majils-e-Shoora

(Parliament) in the joint sitting; and

(b) a High Court, the respective Provincial Assembly,

through a resolution passed by majority of the total membership

of the joint sitting or the respective Provincial Assembly, as the
case may be, give effect to the provisions of this Article. ‖.

18. Amendment of Article 203C of the Constitution.—In the

Constitution, in Article 203C, in clause (3), after the words ―High Court‖, the
words ―or a Judge of the Federal Shariat Court qualified to be a Judge of the
Supreme Court‖ shall be inserted.

19. Amendment of Article 203D of the Constitution.—In the

Constitution, in Article 203D, in clause (2), in the proviso, for the full stop at
the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
―Provided further that appeal against decision given after the
commencement of the Constitution (Twenty-sixth Amendment) Act,
2024 (XXVI of 2024) shall be disposed of within twelve months
whereafter the decision shall take effect unless suspended by the
Supreme Court.‖.
20. Amendment of Article 208 of the Constitution.—In the
Constitution, in Article 208, for the words ―Supreme Court and the Federal
Shariat Court‖, the expression ―Supreme Court, the Federal Shariat Court and
the Islamabad High Court‖ shall be substituted.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 553

21. Substitution of Article 209 of the Constitution.—In the

Constitution, for Article 209, the following shall be substituted, namely: –

―209. Supreme Judicial Council.—(1) There shall be a Supreme

Judicial Council of Pakistan, in this Chapter referred to as the
Council.

(2) The Council shall consist of—

(a) the Chief Justice of Pakistan;

(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of the High Courts.

Explanation.—For the purpose of this clause, the inter se

seniority of the Chief Justices of the High Courts shall be determined
with reference to their dates of appointment as Chief Justice otherwise
than as acting Chief Justice, and in case the dates of such appointment
are the same, with reference to their dates of appointment as Judges of
the High Courts.

(3) If at any time, the Council is inquiring into the capacity,

efficiency or conduct of a Judge who is a member of the
Council, or a member of the Council is absent or is unable to act
due to illness or any other cause, then if such member is the–

(a) Chief Justice or Judge of the Supreme Court, the Judge of

the Supreme Court who is next in seniority below the
Judges referred to in paragraph (b) of clause (2); and

(b) Chief Justice of a High Court, the Chief Justice of another

High Court who is next in seniority amongst the Chief
Justices of the remaining High Courts,

shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a
difference of opinion amongst its members, the opinion of the
majority shall prevail, and the report of the Council to the
President shall be expressed in terms of the view of the majority.

(5) If, on information from any source or the report from the
Commission under clause (19) of Article 175A, the Council or
the President is of the opinion that a Judge of the Supreme Court
or of a High Court-
554 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 [PART I

(a) may be incapable of properly performing the duties of his

office by reason of physical or mental incapacity; or

(b) may be inefficient in the performance of the duties of his

office; or

(c) may have been guilty of misconduct,

the Council, on its own motion or on receipt of report from the

Commission under clause (19) of Article 175A or on the direction of
the President, shall inquire into the matter.

(6) If, after inquiring into the matter, without unnecessary delay and
in case of report or direction under clause (5), within six months,
the Council reports to the President that it is of the opinion that –

(a) the Judge is incapable of performing the duties of his office

or is found inefficient in performance of the duties of his
office or has been guilty of misconduct; and

(b) he should be removed from office,

the President may remove the Judge from office.

(7) A Judge of the Supreme Court or of a High Court shall not be

removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by

Judges of the Supreme Court and the High Courts.

(9) Subject to the rules made by the Council, there shall be a

secretariat of the Council to be headed by a secretary and shall
include such other officers and staff, as may be necessary. ‖.

22. Amendment of Article 215 of the Constitution.—In the

Constitution, in Article 215, in clause (1),–

(A) after the first proviso, the following new proviso shall be
inserted, namely:–

―Provided further that the Commissioner and a member shall,

notwithstanding the expiration of his term, continue to hold
office until his successor enters upon the office: ‖; and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 21, 2024 555

(B) in the existing second proviso, for the word ―further‖, the word
―also‖ shall be substituted.

23. Amendment of Article 229 of the Constitution.—In the

Constitution, in Article 229, for the expression ―two-fifths‖, the expression
―one-fourth‖ shall be substituted.

24. Amendment of Article 230 of the Constitution.—In the

Constitution, in Article 230, in clause (4), for the full stop at the end, a colon
shall be substituted and thereafter the following proviso shall be added,
namely:-

―Provided that the final report in any case shall be considered

within twelve months after it has been laid.‖.

25. Amendment of Article 255 of the Constitution.—In the

Constitution, in Article 255, in clause (2), for the words ―that person‖,
occurring at the end, the expression ―the Chief Justice of a High Court, in
case of a Province and by the Chief Justice of Pakistan, in all other cases ‖
shall be substituted.

26. Amendment of Article 259 of the Constitution.—In the

Constitution, in Article 259, in clause (2), for the words ―or nursing‖, the
expression‖, science, technology, medicine, arts or public service‖ shall be
substituted.

27. Amendment of the Fourth Schedule to the Constitution.—In

the Constitution, in the Fourth Schedule, in PART I, in entr y 2, after the
expression ―cantonment areas,‖, the expression ―local taxes, fees, cess,
charges, tolls in such areas,‖ shall be inserted.

TAHIR HUSSAIN,
Secretary General.

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