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Pakistan’s 26th Amendment Reshapes Judicial Landscape, Find Out How!

Amritanshu Raj

Pakistan passes amendment capping Chief Justice’s tenure, sparking political debate over judicial independence and reforms.

In a move that has stirred political and judicial debate across Pakistan, the National Assembly passed the 26th Constitution Amendment Bill on Monday, significantly altering the country’s judicial structure.

The bill, which limits the tenure of the Chief Justice of Pakistan to three years, has sparked concerns about the independence of the judiciary and its relationship with the government.

The amendment, also known as the Constitutional Package, was passed after a stretch of intense political maneuvering. With a two-thirds majority, the bill was approved with 255 out of 366 members of the parliament voting in favor, exceeding the required 224 votes.

The passage of the bill marks a significant moment in Pakistan’s political landscape, as it curtails the powers of the judiciary, raising concerns among opposition leaders and legal experts alike.

What Does the New Amendment Mean for Pakistan’s Judiciary?

The 26th Constitution Amendment Bill introduces several key changes to the appointment process of the Chief Justice of Pakistan and other senior judges. The bill proposes the formation of a special commission responsible for appointing the Chief Justice, comprising a mix of senior judges, senators, and members of the national assembly.

According to Pakistan’s Law Minister, the commission will consist of the Chief Justice, four senior-most Supreme Court judges, two senators, and two national assembly members—one of each from the opposition.

Previously, the most senior judge in the Supreme Court would automatically ascend to the position of Chief Justice upon the retirement of the incumbent.

However, under the new amendment, this process will no longer be automatic. Instead, the special commission will evaluate the qualifications of the three senior-most judges of the Supreme Court and choose one to be the next Chief Justice.

Prime Minister Shehbaz Sharif hailed the passage of the amendment as a historic achievement. Speaking in parliament, he described the bill as more than just a legislative change, calling it “an example of national solidarity and consensus.”

He went on to say that the amendment would mark the beginning of a new era for Pakistan’s judicial system, aimed at improving the dispensation of justice.

The law minister further elaborated that the changes were intended to expedite the legal process at the highest levels of the judiciary, ensuring that cases are resolved more swiftly.

By reshaping how the Chief Justice is appointed, the government believes that it can bring greater accountability to the system and prevent delays in the judicial process.

Who Supported the Bill?

The passage of the 26th Amendment saw broad support from multiple political parties, with some surprising cross-party backing. The Pakistan People’s Party (PPP) and the Pakistan Muslim League (PML-N) were the largest backers of the bill, with 23 and 19 votes, respectively.

Other notable supporters included the Jamiat Ulema-e-Islam (JUI-F) with five votes, the Muttahida Qaumi Movement (MQM), and the Awami National Party (ANP) contributing three votes each.

The National Party and the Pakistan Muslim League-Quaid (PML-Q) each offered one vote in favor of the bill, while four independent senators also supported the amendment.

However, not all members of parliament were on board with the changes. The Pakistan Tehreek-e-Insaf (PTI), led by Imran Khan, strongly opposed the amendment, with PTI leader Hammad Azhar describing it as a “death blow to the independence of the judiciary.”

Despite PTI’s opposition, six independent members who were previously aligned with PTI broke ranks and voted in favor of the bill. Additionally, two senators from the Balochistan National Party (BNP-M), Muhammad Qasim and Naseema Ehsan, defied their party’s stance and also supported the amendment.

The bill’s passage in both the upper and lower houses of parliament means it will now be sent to the president for his assent, in accordance with Article 75 of the Constitution. Once signed by the president, the 26th Constitution Amendment Act, 2024, will officially become law.

Criticism and Concerns Over Judicial Independence

The opposition to the 26th Amendment has been vocal, particularly from PTI and some sections of the legal community, who view the changes as a direct threat to judicial independence.

Critics argue that by allowing the government to have a say in the appointment of judges, the amendment undermines the very foundations of an independent judiciary.

Hammad Azhar, a prominent leader of PTI, warned that giving the government control over judicial appointments would lead to the politicization of the courts.

He stated that the idea of the executive handpicking the Chief Justice and other senior judges goes against the principles of separation of powers, which are essential for a healthy democracy.

Azhar also pointed out that the government’s move could prevent certain judges, like Justice Mansoor Ali Shah, from ascending to the position of Chief Justice, based purely on political motivations.

The opposition’s concerns extend beyond the immediate effects of the bill. They argue that by establishing a commission with political representatives, the amendment could lead to long-term consequences, where judicial appointments are influenced by the ruling party’s interests rather than merit.

This, they fear, could erode public trust in the judiciary and weaken the courts’ ability to hold the government accountable.

Despite these concerns, the government maintains that the changes are necessary for reforming a slow and inefficient judicial system. The law minister assured parliament that the special commission would operate transparently and fairly, selecting only the most qualified candidates for judicial appointments.

The 26th Constitution Amendment Bill represents a significant shift in Pakistan’s governance, with far-reaching implications for its judiciary and political landscape.

While the government views the amendment as a step toward greater accountability and efficiency, the opposition warns of the dangers of politicizing the courts.

As the country awaits the president’s assent to make the bill law, the debate over judicial independence and executive power is likely to continue, shaping the future of Pakistan’s democracy.

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