The controversial amendment, which limits the Supreme Court’s powers, received final approval from President Zardari following parliamentary passage

In a significant development for Pakistan’s legal landscape, the International Commission of Jurists (ICJ) has condemned the recent passage of the 26th Constitutional Amendment, describing it as a “blow to judicial independence.” This statement comes after both houses of parliament approved the amendment, which introduces major changes to the country’s constitutional framework, primarily affecting the judiciary.

The 26th Amendment marks the culmination of a “working weekend” in Pakistani politics, with the ruling coalition achieving a hard-fought victory by securing a two-thirds majority in both the Senate and the National Assembly. The amendment, touted as part of a broader ‘Constitutional Package,’ aims to reform various judicial processes, drawing significant attention and criticism.

Key provisions of the 26th Amendment include the removal of the Supreme Court’s suo motu powers, which have been a contentious issue in the past, allowing the court to take notice of matters of public interest without a formal request. Additionally, the amendment establishes a three-year term for the Chief Justice of Pakistan (CJP) and grants the Prime Minister the authority to appoint the next CJP from among the three most senior judges of the Supreme Court. These changes have raised alarms about the potential politicisation of the judiciary and the erosion of its independence.

On Sunday, the Senate approved the bill, containing 22 clauses, with a two-thirds majority. The National Assembly followed suit during a marathon session that extended into the early hours of Monday, ultimately approving a version that included 27 clauses after incorporating suggestions from the Senate. This swift legislative process has drawn scrutiny, as many observers question the motivations and implications of such rapid reforms.

Following the completion of parliamentary procedures, Prime Minister Shehbaz Sharif moved quickly to send his advice for the assent of the amendment to President Asif Ali Zardari. The new law, formally titled ‘The Constitution (26th Amendment) Act, 2024,’ received presidential assent on October 21, 2024, as confirmed by a notification from the National Assembly secretariat published in the Gazette.

The ICJ’s harsh critique of the amendment reflects widespread concerns among legal experts and civil society regarding the potential consequences for judicial autonomy in Pakistan. Critics argue that the removal of suo motu powers could severely limit the Supreme Court’s ability to address urgent public interest issues, thus undermining its role as a check on government actions. Furthermore, by centralising the appointment of the CJP in the hands of the Prime Minister, there are fears that political influence will overshadow judicial decisions, leading to a compromised legal system.

The ruling coalition, however, has defended the amendment as a necessary step towards reforming the judiciary and ensuring accountability. Proponents argue that the new measures will lead to a more structured and transparent judicial process, mitigating the excessive powers that have historically allowed for judicial overreach.

As Pakistan navigates this contentious political landscape, the 26th Constitutional Amendment stands as a pivotal moment in the ongoing debate about the balance of power between the judiciary and the executive. With the ICJ and various civil society organisations closely monitoring the situation, the potential ramifications of this amendment could shape the future of judicial independence in Pakistan for years to come.