In a stunning development that has sent shockwaves through Pakistan’s political landscape, the government has succeeded in pushing through a highly controversial constitutional amendment that significantly curtails the power and independence of the judiciary. The 26th amendment, passed in a secretive late-night parliamentary session, alters the process of appointing senior judges and grants the ruling government unprecedented authority to handpick the chief justice—the nation’s top adjudicator who frequently serves as the ultimate arbiter in politically charged cases.
The passage of the amendment was marred by disturbing allegations of lawmakers being subjected to bribery, abductions, torture, and intimidation to compel them to vote in favor of the bill. Opposition parties have vehemently accused the government of resorting to nefarious tactics and “arm-twisting” to secure the necessary votes, casting a dark shadow over the legitimacy of the process.
Judiciary’s Independence Takes a Hit
The implications of this amendment are far-reaching and deeply troubling for Pakistan’s democracy. As noted by the International Commission of Jurists (ICJ), the changes represent a “blow to judicial independence, the rule of law, and human rights protection.” By granting the government the power to effectively control the appointment of the chief justice and other senior judges, the amendment severely undermines the separation of powers and the ability of the judiciary to act as an impartial check on executive overreach.
Everything will be decided by judges handpicked by the government.
– Salman Akram Raja, PTI General Secretary
Allegations of Military Interference
The timing of the amendment has raised suspicions that it is a preemptive move to prevent the incoming chief justice from investigating alleged rigging in February’s election, which brought the current government to power amid widespread accusations of fraud. Opposition leaders have pointed fingers at Pakistan’s powerful military establishment, long accused of meddling in political affairs, suggesting that they are the driving force behind the amendment.
These allegations gained further credence when six senior judges recently came forward with shocking claims of being pressured and intimidated by the establishment to rule against former Prime Minister Imran Khan, who has been languishing in jail for over a year while battling a barrage of court cases.
A Blow to Democracy
Legal experts and former officials have sounded the alarm, warning that the amendment effectively subjugates the judiciary to the whims of the government. As former Prime Minister Shahid Khaqan Abbasi put it, “It simply means that if a judge does not cooperate with the government, he will be kicked out.” This blatant erosion of judicial independence marks a decisive step towards authoritarianism and undermines the very essence of Pakistan’s democratic principles.
The government’s actions have sparked outrage among opposition parties and civil society groups, who are demanding an immediate reversal of the amendment and a thorough investigation into the alleged abductions and intimidation of lawmakers. Protests have erupted across the country, with citizens expressing their profound concern over the future of their democracy and the integrity of state institutions.
A Nation at a Crossroads
As Pakistan grapples with this constitutional crisis, the international community is watching closely. The erosion of judicial independence and the allegations of military interference in political affairs raise serious questions about the health of Pakistan’s democracy and its commitment to the rule of law. It is a critical moment for the nation to reflect on the path it wishes to take—one that upholds the principles of separation of powers, accountability, and the fundamental rights of its citizens, or one that slides further into the abyss of authoritarianism.
The coming days and weeks will be crucial in determining the outcome of this constitutional battle. Will the voices of opposition and civil society prevail in their fight to safeguard judicial independence, or will the government’s brazen power grab go unchallenged? The future of Pakistan’s democracy hangs in the balance, and the world is watching with bated breath.
