Pakistan's 26th Amendment and Its Political Impact
- Fahad Bin Khalid
- February 3, 2025
- 3:59 pm
- 39
- Current Affairs
Pakistan’s 26th Amendment debate has sparked intense discussions across the country. The proposed changes could redefine the judiciary’s role and impact political power. Critics argue that these amendments aim to bring the judiciary under executive control. The government insists that the changes will improve governance and judicial efficiency.
What Are the Proposed Amendments?
Before going into details about Pakistan’s 26th Amendment, let’s discuss that the government plans to introduce more than 50 amendments, mainly focusing on judicial reforms. One major proposal is the creation of a Federal Constitutional Court alongside the Supreme Court. This court will handle cases involving constitutional interpretation.
Another key change increases the retirement age for Constitutional Court judges from 65 to 68. The amendment also limits a judge’s term in the Constitutional Court to three years, unlike Supreme Court judges who serve for life.
The government also proposes that the president, advised by the prime minister, will appoint the Constitutional Court’s chief justice. Currently, the Judicial Commission oversees Supreme Court appointments.
Additionally, the government seeks to revise a 2022 Supreme Court ruling that restricts legislators from voting against their party’s stance. The amendment would allow lawmakers to vote independently, changing parliamentary decision-making.
Challenges in Parliament
To pass these amendments, such as Pakistan’s 26th Amendment, the government needs a two-thirds majority in both houses of parliament. The National Assembly has 336 seats, requiring 224 votes for approval. The Senate, with 96 seats, requires at least 64 votes.
The government currently holds 214 votes in the National Assembly. Even with Jamiat Ulema-e-Islam-Fazal (JUI-F) support, it falls short by two votes. In the Senate, the government has 57 votes but still needs seven more. This makes passing the amendments a significant challenge.
Opposition’s Strong Resistance
The opposition, led by Imran Khan’s Pakistan Tehreek-e-Insaf (PTI), strongly opposes these amendments. PTI leaders believe the changes will weaken judicial independence and strengthen executive control.
PTI leader Sayed Zulfi Bukhari argues that the delay in presenting the amendments proves the government lacks support. The opposition plans to resist the amendments both in parliament and in public campaigns.
What Do Experts Say?
Experts warn that the Pakistan’s 26th Amendment debate highlights serious concerns about judicial independence. Analyst Ahmed Ijaz believes constitutional amendments must be carefully considered, which is missing in this debate.
Analyst Benazir Shah questions the timing of the amendments. She suggests that the government might use these changes to influence judicial appointments. With the current chief justice retiring soon, these amendments could block or manipulate the appointment of the next chief justice.
Another concern is the proposed Constitutional Court’s authority over sensitive cases. This court could handle issues like banning political parties and federal-provincial disputes, shifting power away from the Supreme Court.
Impact on Judiciary and Military Influence
While the amendments aim to reduce Supreme Court power, some experts believe they could increase the military’s influence. By altering judicial structures, the government might allow greater military involvement in legal matters.
The Pakistan’s 26th Amendment debate has ignited concerns about the country’s legal and political future. The battle between government control and judicial independence will likely shape Pakistan’s governance for years. Whether these amendments pass or not, their impact on Pakistan’s democracy remains a critical issue.
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