The 26th Amendment

The 26th Constitutional Amendment has officially become law after passing with a two-thirds majority in both the National Assembly and Senate, followed by the President’s signature. However, it’s clear that the government’s proposed amendments, as Maulana Fazlur Rahman described, were not just constitutional changes but a “black cobra” that could prove deadly for the nation. The government intended to introduce amendments that threatened human rights, endangered democracy, undermined judicial authority, and reduced the parliament to a puppet. These changes would eventually harm both the government and opposition, especially posing an immediate and unbearable threat to the leadership of Pakistan Tehreek-e-Insaf (PTI). The amendments would have effectively removed Imran Khan and the senior PTI leadership. But by rejecting the government’s draft, Maulana introduced his own constitutional version, which he skillfully convinced both the Pakistan People’s Party (PPP) and the Pakistan Muslim League (Nawaz) to accept.

The leadership of both major parties repeatedly approached Maulana with their versions of the draft, only to return empty-handed and ultimately concede to Maulana’s draft. With wisdom and prudence, Maulana not only removed the “black cobra’s” fangs hidden in the amendments but neutralized its venom as well. His legal team stayed in daily contact with PTI’s legal team, and all PTI leaders reached consensus on Maulana’s draft. It is to Maulana’s credit that, even after removing clauses deemed lethal for PTI, he managed to keep the government satisfied. However, after consulting with their founding chairman, PTI leaders made a U-turn, apologizing to Maulana and explaining that although they agreed with him, they could not participate in the vote due to the chairman’s wishes. Maulana accepted this graciously and continued to maintain communication with PTI’s leadership, keeping them informed of all matters.

Even after the amendments were passed, Maulana maintained a positive approach and aimed to keep PTI included. However, the moment the 26th Amendment was approved, PTI’s YouTubers and “abuse brigade” began another round of attacks on Maulana. This brigade has been central in dragging PTI to its current troubles, and they bear much responsibility for the challenges Imran Khan has faced.

By facilitating consensus among PPP, PML(N), and PTI, Maulana Fazlur Rahman and his Jamiat Ulema-e-Islam (JUI) leadership set aside personal interests and brought together political forces often at odds with each other, a great service to democracy. Now, as we examine this scenario from a national perspective, we ask, “Who lost, and who gained in this political game?”

Everyone knew that time was short for the government to pass the 26th Amendment, as Chief Justice Qazi Faez Isa was set to retire on October 25. A new Chief Justice needed to be notified at least 48 hours prior. This urgency created the biggest friction point, as Chief Justice Isa’s role aligned with government interests but was opposed by PTI. PTI desired no amendment altering the appointment process of the Chief Justice, potentially bringing Justice Mansoor Ali Shah into office instead of granting Justice Isa an extension. PTI supported Justice Shah, though the government’s proposed changes created obstacles for his promotion.

Amidst these developments, Maulana’s wise approach resulted in amending neither judicial appointments nor human rights protections, averting military court formations that would have directly impacted PTI. Instead, Maulana convinced the government to establish a separate constitutional bench in the Supreme Court, dedicated to constitutional cases.

Moreover, the government sought to alter rules on reserved seats, potentially eliminating PTI’s specific seats and thereby consolidating parliamentary influence. While this amendment would have benefited Maulana’s party as well, he refused to compromise, prioritizing PTI’s interest again, ensuring that it retained these seats.

For PTI’s core leadership, it was an unprecedented win to have gained support from their traditional opponent, Maulana, whom they even came to see as a political guide. Maulana succeeded in reducing the immediate troubles surrounding PTI’s leadership and restored unity within their ranks. Politically, PTI may have lost ground, but in practical terms, they emerged as the primary beneficiary of the amendments—a favor they owe entirely to Maulana Fazlur Rahman. However, given PTI’s track record, Maulana is wise to expect little gratitude in return.

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