Bilawal: 26th Constitutional Amendment Only Achievable Under Current CJP

26th Constitutional Amendment

Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari has emphasized that enacting the 26th Constitutional Amendment would not have been possible under any other Chief Justice of Pakistan (CJP), praising the outgoing CJP, Qazi Faez Isa, for his willingness to respect parliamentary decisions even at the expense of his own authority.

Bilawal’s remarks came during an interview with BBC Urdu, where he defended the amendment’s timing, despite criticism from opposition parties who argue that the legislation was introduced at a “questionable time” and was “person-specific.”

The 26th Constitutional Amendment, passed by the Shehbaz Sharif-led government with the support of its allies, including the PPP, introduced significant changes to the procedure for appointing the Chief Justice of Pakistan.

It also established a fixed tenure for the post and altered the formation of constitutional benches within the judiciary.

Addressing the opposition’s concerns about the timing of the amendment, Bilawal argued that this opportunity to pass such reforms would not have been available under any other chief justice.

He highlighted that CJP Isa’s willingness to uphold the authority of the parliament, even at the cost of limiting his own power, was a rare and crucial factor in making the amendment possible.

“In the judicial history of Pakistan, there has been only one man, CJP Isa, who has demonstrated that he is willing to obey parliament, even if it means sacrificing his personal power,” Bilawal remarked.

He acknowledged that the political allies of the government had a limited window to pass the legislation while CJP Isa was still in office and decided to take advantage of this period.

According to Bilawal, other judges have, in the past, shaped constitutional interpretations to serve their own interests, citing the examples of Article 63-A and the reserved seats case, both of which, in his opinion, were manipulated for personal gain.

Bilawal further elaborated on the unique role CJP Isa played, contrasting him with other judges who, he claims, might have undermined the constitutional reform efforts.

He expressed confidence that CJP Isa was able to withstand pressure from within the judiciary and refrained from interfering with the legislative process, unlike other judges who may have been inclined to assert the judiciary’s power over the parliament.

When asked about the potential implications had Justice Mansoor Ali Shah, the senior-most judge, taken over as CJP, Bilawal responded by referencing past judicial decisions, particularly the reserved seats ruling and the Article 63-A judgment.

He argued that these decisions were not based on constitutional principles but were rather orchestrated to weaken the parliament’s authority.

Bilawal expressed his belief that had these rulings been enforced, the government would have faced even greater difficulties in passing any form of judicial reform, regardless of who held the position of chief justice.

He concluded that the amendments were necessary to restore the balance of power between the judiciary and the parliament, a balance that he claimed had been skewed by past judicial overreach.

He reiterated that this was a unique moment in Pakistan’s history, where the sitting Chief Justice allowed for much-needed reforms to take place without allowing personal power struggles to interfere.