In October 2024, Pakistan’s federal cabinet convened to approve the draft of the 26th Constitutional Amendment, aimed at reforming the judicial system amidst a backdrop of political tension. This amendment has been contentious, with implications for the balance of power between the judiciary and the executive. The approval process faced multiple delays, reflecting the ongoing political struggles within the country. The proposed changes have sparked debate regarding their potential to undermine judicial independence.
Overview of the Proposed Amendments
The 26th Constitutional Amendment package, first introduced in September 2024, seeks to modify several key aspects of Pakistan’s judicial framework. Central to the amendments is the proposal to limit the Supreme Court’s suo motu powers, which allow the court to take action on its own accord without a formal petition. This proposed restriction has raised concerns about the judiciary’s ability to act independently in matters of public interest.
Key Changes in Judicial Appointments
One of the most changes involves the appointment process for the Chief Justice of Pakistan (CJP). The amendment stipulates that the CJP will be selected by a special parliamentary committee composed of members from both the National Assembly and the Senate. This committee will nominate candidates from the three most senior judges, effectively reducing the CJP’s autonomy in choosing successors. This shift is viewed as a move to enhance executive influence over judicial appointments.
Term Limits and Performance Evaluations
The amendment proposes a fixed three-year term for the Chief Justice, after which retirement is mandatory, regardless of age. This contrasts with the previous system, where the CJP could serve until the age of 65. Additionally, the parliamentary commission will conduct annual performance evaluations for judges, introducing a mechanism for accountability that some see as a necessary reform, while others view it as a potential tool for political pressure.
Impact on Judicial Independence
Critics argue that the proposed amendments threaten the independence of the judiciary by allowing the executive branch greater control over judicial appointments and operations. The changes have been described as an attempt to dilute judicial power, raising alarms among legal experts and civil society activists. The introduction of a parliamentary panel to oversee judicial appointments may lead to increased political interference in the judiciary, undermining its role as a check on executive authority.
Political Opposition and Challenges
For the amendments to be enacted, they must secure a two-thirds majority in both houses of parliament, an important hurdle given the current composition of the National Assembly and Senate. The ruling coalition, led by the Pakistan Peoples Party (PPP), lacks the requisite numbers, prompting negotiations with smaller parties like the Jamiat Ulema-e-Islam-Fazl (JUI-F). However, political disagreements and allegations of coercion have complicated these negotiations, leading to further delays in the legislative process.
The Role of Public Sentiment
Public opinion regarding these amendments is divided. Some segments of society express support for reforms aimed at improving judicial efficiency and accountability. In contrast, others fear that these changes may erode the checks and balances essential for a functioning democracy. Protests from legal professionals and civil rights groups highlight the concern over judicial independence, signalling a potential backlash against the amendments if they are perceived as politically motivated.
Potential Consequences for Governance
The amendments could have far-reaching implications for governance in Pakistan. By increasing executive control over the judiciary, the government may face challenges in maintaining a balance of power. The potential for judicial overreach and executive encroachment raises critical questions about the future of democratic governance in the country. Political analysts warn that if the amendments are perceived as undermining judicial independence, it could lead to increased public dissent and instability.
Questions for UPSC:
- Discuss the implications of the proposed 26th Constitutional Amendment on the independence of the judiciary in Pakistan.
- Evaluate the significance of the role of the parliamentary committee in judicial appointments as proposed in the amendment.
- Analyse the potential impact of the amendment on the balance of power between the executive and judiciary in Pakistan.
- What are the challenges faced by the current government in passing the 26th Constitutional Amendment?
- Examine the public sentiment towards the proposed judicial reforms and their implications for democratic governance in Pakistan.
