Quick-fix legislation

Pakistan's rushed laws reshape judiciary, boost executive power, and fuel political instability amid vendetta politics

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Roller-coaster laws that were passed from both houses of the parliament in a jiff have altered the composition of superior judiciary; re-amended the Practice & Procedure Act; and enhanced the tenure of services chiefs to five years. The contents of the hurried legislation were one of the well-kept secrets, and the opposition legislators seemed struggling to make a point. It seems the beleaguered coalition – which had to bite the dust in terms of the 26th amendment when its original draft was watered down as a mark of consensus – avenged itself by bulldozing the legislation to ensure that the executive has an upper hand over the judiciary. Increasing the number of judges from 17 to 34 in the apex court – and up to 12 in the Islamabad High Court – has deep political arithmetic meant to ward off anti-government judicial activism.

There was another smooth sailing for the sitting dispensation as the newly-formed Judicial Commission appointed Justice Amin Uddin Khan as the head of the constitutional bench in the Supreme Court, literally exterminating the numerical strength of the judges who had delivered the July 12 verdict in favour of PTI for reserved seats. With Justice Mansoor Ali Shah and Justice Athar Minallah out of the bench that will hear original, appellate and advisory jurisdiction of the top court, hopes of judicial correction to fix the fence are getting remote. It, nonetheless, remains to be seen if Chief Justice Yahya Afridi convenes the full court to hear the pleas against the 26th amendment, and other lingering high-profile cases, or continues to have his way as of his predecessor, Qazi Faez Isa. The initial hopes of a thaw among Brother Judges under Justice Afridi hit snags as an earlier request to summon the full court was ignored, and two senior most judges had to sit in judgment on October 30 to take a call.

The steamrolling of six bills without proper double reading and referral to the respective standing committees is a blow to parliamentary writ. It seems vendetta politics is driving the treasury crazy, and one way or the other contributing to more instability. The bandwagon has to stop before it goes over the brink.