Constitutional amendments a ‘blow to judiciary’ in Pakistan: Watchdog

KARACHI, Pakistan

A controversial legislation approved by the Pakistani parliament to “regulate” some of the top judiciary’s powers on Monday prompted ire from the local and international legal fraternity, including the International Commission of Jurists (ICJ).

Deriding the passage of the 26th Constitutional Amendment into law following the approval by both houses of parliament as a “blow to judicial independence,” ICJ General Secretary Santiago Canton said the changes brought an “extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration.”

“They (amendments ) erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights, ” Canton observed in a statement.

“It is alarming a Constitutional Amendment of great significance and public interest was passed in such a secretive manner and in less than 24 hours,” he added.

The core principle of the rule of law and the separation of powers, which states that citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws, was flagrantly violated in this case, he said.

“The ICJ understands that some reforms to the existing judicial system may have been needed to make the courts more efficient and accountable, and the judicial appointment process more transparent and inclusive.

“But these amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers and the independence of the judiciary,” he contended.

In a related development, Justice Mansoor Ali Shah, the Supreme Court of Pakistan’s senior-most judge after the chief justice, said on Monday that the “question of jurisdiction would arise every day” in the top court following legislation on constitutional benches.

Shah would become the new chief justice automatically based on seniority following the retirement of the incumbent top judge, Justice Qazi Faez Issa, next week.

“It seems now that this question will arise every day in the Supreme Court, whether the case will be heard by the normal bench or constitutional bench,” Shah said during the case’s hearing.

A five-member “constitutional bench” of the Supreme Court will hear political and constitutional cases in the future, according to the latest legislation.

Moreover, the government will appoint the chief justice of the Supreme Court for a three-year term based on the recommendation of a 12-member parliamentary committee.

• International Commission of Jurists (ICJ).
• Pakistan
• Santiago Canton