The 26th Constitutional Amendment in Pakistan, passed in 2024, represents significant changes to the judicial system. The amendment introduces reforms aimed at altering the structure and functioning of the judiciary, particularly targeting the power dynamics between the Supreme Court and a newly proposed Federal Constitutional Court.
One of the key provisions is the establishment of the Federal Constitutional Court, which will handle constitutional matters, taking over some of the powers currently vested in the Supreme Court. This includes hearing cases related to disputes between the federation and the provinces, as well as taking over the Supreme Court’s suo motu powers. The court will be composed of judges with equal representation from all provinces, and its members will have a set retirement age of 68 years.
Additionally, the amendment alters the process of appointing judges to both the Constitutional Court and the Supreme Court. A new commission, headed by the Chief Justice of the Constitutional Court, will oversee appointments, replacing the former role of the Chief Justice of Pakistan. The tenure of chief justices and judges will also be capped at three years.
The amendment has sparked controversy, particularly over its impact on judicial independence. Critics, including the International Commission of Jurists (ICJ), argue that it could undermine the judiciary’s autonomy by concentrating too much power in the hands of a few officials and reducing the Supreme Court’s ability to act independently .
These changes reflect ongoing tensions between the judiciary and the government in Pakistan, with the 26th Amendment potentially reshaping the balance of power in the country’s legal system.
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