Democracy thrives on a delicate balance maintained by its foundational pillars: the Legislature, the Executive, the Judiciary, and the Media. Each pillar serves a distinct purpose, ensuring that power is neither concentrated nor misused. The Legislature crafts laws reflecting the populace’s will; the Executive implements these laws; the Judiciary interprets them, ensuring justice and fairness; and the Media acts as a watchdog, holding all branches accountable. This system of checks and balances is paramount for a functioning democracy.
However, recent developments in Pakistan have jolted this equilibrium. The 26th Constitutional Amendment, passed in October 2024, has introduced changes that many argue compromise the Judiciary’s independence, thereby unsettling the democratic structure.
Key Changes Introduced by the 26th Amendment:
Key Changes Introduced by the 26th Amendment:
- Appointment of the Chief Justice: Traditionally, the most senior judge of the Supreme Court would ascend to the position of Chief Justice. The amendment, however, delegates this appointment to a 12-member parliamentary committee, which selects the Chief Justice from among the three most senior judges. This shift infuses political influence into what was once a straightforward, merit-based progression.
- Fixed Tenure for the Chief Justice: The amendment imposes a fixed three-year term for the Chief Justice, replacing the previous system where tenure was determined by the retirement age of 65. This change could subject the Chief Justice to political pressures, as their continuation in office might hinge on political favor rather than judicial performance.
- Establishment of Constitutional Benches: The amendment creates dedicated constitutional benches within the Supreme Court and High Courts to handle constitutional matters. The composition of these benches is influenced by the parliamentary committee, potentially allowing the Executive and Legislature to steer judicial outcomes on critical issues.
- Alteration of Suo Motu Powers: The amendment restricts the Supreme Court’s ability to initiate cases on its own, limiting the Judiciary’s capacity to address issues of public interest independently.
Implications for Judicial Independence:
These changes collectively undermine the separation of powers, a cornerstone of democratic governance. By granting the Executive and Legislature significant influence over judicial appointments and functions, the amendment compromises the Judiciary’s ability to operate without political interference. This erosion of judicial autonomy threatens the system of checks and balances designed to prevent any one branch of government from wielding excessive power.
The irony is palpable. Political parties with decades of experience in Pakistan’s tumultuous political landscape have championed an amendment that jeopardizes judicial independence—a principle fundamental to democracy. One would assume that seasoned politicians, having witnessed the perils of concentrated power, would uphold the sanctity of an independent Judiciary. Yet, here we are, observing these very parties endorsing measures that could transform the Judiciary into a mere extension of political will.
Critics, including legal experts and international organizations, have voiced concerns that the 26th Amendment jeopardizes the rule of law and the protection of human rights in Pakistan. The International Commission of Jurists described the amendment as a “blow to judicial independence,” emphasizing that it could lead to a Judiciary subservient to political interests.
In essence, the 26th Amendment has introduced structural changes that in effect, compromise the independence of Pakistan’s Judiciary, raising significant concerns about the future of justice and democratic integrity in the country. The pillars of democracy are only as strong as the commitment of those who uphold them. When political expediency trumps foundational principles, putting short-term selfish gains ahead of long-term solutions, the entire democratic edifice is at risk. It is imperative for Pakistan’s leadership to wake up and recognize the gravity of this amendment’s implications. I am simply baffled at how anyone, let alone the top political elite could take such moronic steps. Don’t they know that these changes will affect their politics too once they are out of power?
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