Volker Turk Warns 26th Amendment Could Undermine Judicial Independence. United Nations Human Rights chief Volker Turk has expressed concerns regarding the recently enacted 26th Constitutional Amendment, stating it was “adopted hastily and without broad consultation and debate.” He emphasized that such amendments could “seriously undermine the independence of the judiciary.”
The controversial amendment empowers Pakistan’s parliament to select the next Chief Justice from among the three most senior Supreme Court judges. This legislative move followed weeks of political maneuvering and deliberation.
In a post on X (formerly Twitter), Turk noted that constitutional reforms must align with international human rights law. The passage of this contentious bill has faced significant backlash from the opposition and the legal community, with the Pakistan Tehreek-e-Insaf (PTI) pledging to initiate a nationwide protest movement.
The Human Rights Commission of Pakistan (HRCP) has also raised strong objections to several aspects of the amendments, which introduce various changes to the country’s judicial system, including the removal of suo motu powers, the establishment of constitutional benches, and the performance evaluations of high court judges.
In light of these amendments, a Special Parliamentary Committee has nominated Justice Yahya Afridi as the next Chief Justice of Pakistan. Following this nomination, President Asif Ali Zardari appointed Justice Afridi for a three-year term starting October 26, as per a notification from the Ministry of Law and Justice.
Key Highlights of the Amendment:
- The Chief Justice of Pakistan’s tenure is fixed at three years.
- Constitutional benches will be established at the Supreme Court and high courts.
- The senior-most judge on each bench will serve as the presiding officer.
- A parliamentary committee will nominate the new Chief Justice from a panel of three senior judges, with the name forwarded to the Prime Minister and then to the President for final approval.
- The Judicial Commission of Pakistan (JCP), led by the Chief Justice and three others, will oversee the appointment of Supreme Court judges and monitor their performance, reporting any concerns to the Supreme Judicial Council.
- A goal for complete eradication of Riba (interest) from the country is set for January 1, 2028.
