The 26th Amendment: Undermining Judicial Independence in Pakistan

Structural Changes Threatening Judicial Autonomy

Passed in October 2024, Pakistan’s 26th Constitutional Amendment has raised serious concerns over the future of judicial independence and the rule of law. The amendment introduced sweeping structural changes, including:

• Limiting the Chief Justice’s term to just three years.

• Altering the Judicial Commission’s composition, granting politicians greater influence in appointing judges.

• Empowering a parliamentary committee to select the Chief Justice from among the top three senior judges.

• Removing the Supreme Court’s power to take suo motu action.

• Blocking judicial review of certain executive decisions.

These changes were enacted rapidly, without public consultation, and have triggered alarm over transparency, accountability, and democratic safeguards.

Stripping Judicial Independence

The 26th Amendment has been widely criticized by legal experts, civil society organizations, and international watchdogs, including the International Commission of Jurists (ICJ). Critics argue that it undermines the separation of powers, compromises judicial impartiality, and invites political interference in court decisions.

Domestic Opposition and Protests

Pakistan’s bar associations and civil society groups have declared the amendment unconstitutional, launching nationwide protests. Many warn that it risks triggering a full-blown constitutional crisis and further consolidating executive and military power at the expense of democratic institutions.

Reports of Coercion and Intimidation

Credible reports indicate that some members of parliament were coerced into supporting the amendment. Lawmakers from opposition parties, particularly Pakistan Tehreek-e-Insaf (PTI), reported harassment, threats, and even abduction by state security agencies to compel their votes.

Implications for Democracy and Rule of Law

Rather than strengthening democratic institutions, the 26th Amendment is widely viewed as a tool to centralize authority, extend military and intelligence influence, and dismantle judicial independence. By weakening the courts’ ability to act as a check on the executive, the amendment poses a significant threat to the rule of law, transparency, and the protection of citizens’ rights in Pakistan.