The International Commission of Jurists (ICJ) criticized the passage of the 26th Constitutional Amendment, which was approved by both houses of Pakistan’s parliament, labeling it a “blow to judicial independence.” The amendment, which passed with a two-thirds majority, introduces significant reforms primarily affecting the judiciary. These include limiting the Supreme Court’s suo motu powers, capping the chief justice’s term to three years, and granting the prime minister the authority to appoint the chief justice from the three most senior judges.
The bill, which initially had 22 clauses, was passed by the Senate on Sunday and later, in a marathon session lasting into the early hours of Monday, the National Assembly approved an expanded version with 27 clauses. After completing the parliamentary process, Prime Minister Shehbaz Sharif sent the bill for presidential assent, which was granted on October 21, 2024, officially making it ‘The Constitution (26th Amendment) Act, 2024’.
The state broadcaster, PTV News, confirmed the changes on its social media, stating that the new chief justice would now be appointed by a parliamentary committee formed by the federal government.
In response, the ICJ expressed grave concerns over the amendment, arguing that it introduces “an extraordinary level of political influence” over judicial appointments and weakens the judiciary’s ability to act independently. ICJ Secretary General Santiago Canton emphasized that the amendment undermines the judiciary’s role in protecting human rights and the rule of law.
The ICJ further criticized the secretive manner in which the bill was passed, noting that there were no public consultations, and the amendment was pushed through in less than 24 hours. The Commission also warned that the changes could lead to politically influenced benches, raising doubts about the impartiality of the judiciary.
The government, however, hailed the amendment as a reinforcement of parliamentary sovereignty. Prime Minister Shehbaz Sharif praised the passage of the bill, calling it a “historic achievement.” Interior Minister Mohsin Naqvi and other government figures also expressed their support, noting the amendment would lead to “speedy justice” through judicial reforms.
Meanwhile, opposition party PTI condemned its lawmakers who voted for the amendment, accusing them of betraying their mandate. Former Sindh High Court Bar Association president Salahuddin Ahmed also criticized the process, calling it a “dark day in the democratic history” of Pakistan and warning of the potential threats to judicial independence.
The 26th Amendment was passed in the Senate with 65 votes, one more than the required two-thirds majority. In the National Assembly, it secured 225 votes, just surpassing the required 224, despite opposition from PTI and the Sunni-Ittehad Council members.
