KARACHI:
A foundational pillar of democracy has now eroded. After weeks of heated political debates, the coalition government has managed to secure the passage of a 26th amendment to the Constitution. This amendment focuses primarily on reforms in the judicial system, particularly concerning the appointment procedure for the Chief Justice of Pakistan and the creation of new constitutional benches. These benches, now empowered to hear constitutional cases and take suo motu actions, have effectively diminished the exclusive authority previously held by CJP.
Critics of the amendment have been vocal both within Pakistan and internationally, calling it a direct assault on the independence of the judiciary. Allegations have surfaced that the coalition government, acting in collaboration with unconstitutional forces, employed coercion to pass the amendment. Lawmakers were reportedly subjected to abduction, torture and undue pressure, forcing them to vote in favour of the amendment to meet the two-thirds majority requirement. Such tactics have drawn widespread condemnation, leading many to view this amendment as an attempt to curb the judiciary’s autonomy and manipulate its power. Many are now calling for an immediate intervention by the top judges. Legal experts are pushing for a full court meeting, similar to what was done in the case of the 21st amendment, to challenge this change. Moreover, the legal community, including prominent lawyers, are being urged to take to the streets to protest this violation of judicial independence.
This amendment, many believe, is a blatant assault on the judiciary’s role as a separate and equal branch of government. Unless it is swiftly addressed and nullified, it could set a dangerous precedent, undermining the core principles of justice and governance in Pakistan.
Waseem Murad
Sohbatpur
