The debate surrounding the 26th Amendment highlights the need for thoughtful reforms that strengthen the judiciary without compromising its independence
- A judiciary untainted by political influence is essential to uphold the rule of law and protect constitutional rights
AWESAAR SEHAJ BANBHAN ADVOCATE
Pakistan’s legal system has been at the center of political conflict and constitutional debate. The ratification of the 26th Amendment to the Constitution in October this year sparked heated debate and raised serious concerns about the erosion of the independence of the judiciary, a fundamental element of any democracy.
Judicial independence is eroding
It introduces changes that could undermine the autonomy of the judiciary. The biggest changes are limiting the term of the Chief Justice of Pakistan (CJP) to three years and transferring the power to appoint the CJP to a Special Parliamentary Committee (SPC). A committee, chaired by the prime minister and comprising members of both houses of parliament, will select a chairperson from among the three senior judges of the Supreme Court.
The change marks a departure from the long-standing practice of the chief justice automatically serving as the chief justice. It guaranteed that appointments were made solely on the basis of seniority and the judge’s qualifications, without any political interference.
Impact on judicial functions
In addition, the amendment grants the executive greater powers over administrative tasks within the judicial system, such as case allocation and resource allocation. This expanded role comes with the risk of inefficiency, delays and, more worryingly, potential bias in the allocation of cases. Such changes may also undermine public confidence in the ability of the judiciary to act as impartial guardians of justice.
Risk of political influence
Critics warn that allowing political entities to influence judicial appointments can transform judicial agencies into political tools. By participating in this process with politicians, the amendment is a judge’s political affiliation, not based on its qualifications and integrity. This undermines the impartiality of the judiciary and undermines its fundamental function of overseeing the executive and legislative branches.
National and international issues
The amendment was met with strong national and international condemnation. The UN Human Rights Bureau and the International Legal Counsel are paying serious attention to warn that it will threaten legal independence and endanger the rights and protection of Pakistan’s citizens.
In the country, the opposition party, legal experts and civilian social organizations strongly condemned the amendment, described it as a return of legitimate autonomy and took a step towards a higher political government.
The Way Forward
The debate surrounding the 26th Amendment highlights the need for thoughtful reforms that strengthen the judiciary without compromising its independence. A judiciary untainted by political influence is essential to uphold the rule of law and protect constitutional rights. However, given these challenges, the autonomy of Pakistan’s judiciary is essential to ensure fairness, accountability and justice among its people. An independent judiciary should remain free from politicization and outside interference, and therefore must reflect on the profound implications of these changes, reassessing their impact in order to preserve the integrity of Pakistan’s judiciary and thus its democratic future.
Read: What is Pakistan’s new constitutional amendment all about?
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