Explainer: Can president sack judges under new amendment?

Pakistan's Parliament passed the 26th constitutional amendment early Monday to revise the strucure of appointing chief justice of Pakistan.

Following the transformation of the constituional amendent bill into law, the president has the authority to remove Supreme Court and High Court judges based on the findings of the Supreme Judicial Council (SJC).

The amendment, made under Articles 175-A and 209 of the Constitution, strengthens the role of the SJC by enabling it to assess the performance of judges annually, ensuring greater accountability within the judiciary.

According to the new provisions, if a High Court judge's performance is deemed unsatisfactory, the judicial commission will provide them with a specified timeframe to make improvements.

If the judge fail to meet these expectations, the case will be referred to the SJC for further investigation. The council, after inquiry, may recommend the judge's removal if necessary.

The SJC will now conduct inquiries into cases of physical or mental incapacity, misconduct, or failure to fulfill official duties within six months.

The council's report will then be forwarded to the president, who will have the authority to act on the recommendation and remove the judge from office.

President Asif Ali Zardari has officially approved the 26th constitutional amendment, and the National Assembly has released a gazette notification confirming its enactment.

With the passage of this amendment by both the Senate and National Assembly with a two-thirds majority, the 26th Amendment is now part of Pakistan's legal framework and is in effect nationwide.