close
Saturday September 14, 2024

Rumour has it...

Debates over judicial extensions, retirement ages, and potential constitutional amendments dominate discourse

By Editorial Board
August 28, 2024
The Supreme Court of Pakistans building in Islamabad. — AFP/File
The Supreme Court of Pakistan's building in Islamabad. — AFP/File

As the appointment of the next chief justice of Pakistan looms, the country’s political and legal circles are abuzz with speculation. From social media to mainstream news outlets, debates over judicial extensions, retirement ages, and potential constitutional amendments dominate the discourse. Yet, amidst all this noise, one crucial fact is being overlooked: the government lacks the numbers needed to make any constitutional changes regarding the judiciary. Instead, much of the conversation is centred on who might become the next top judge. Federal Minister for Law Azam Nazeer Tarar has sought to clarify the situation, stating that the principle of seniority will guide the appointment of the new chief justice. Legal experts back this stance, pointing out that any deviation from the seniority principle would require a constitutional amendment – a move that seems improbable given the current parliamentary dynamics. Political observers agree, noting that the government does not have the two-thirds majority needed in either the National Assembly or the Senate to push through such an amendment.

That said, there is a thinking that the government could potentially ‘manage’ the necessary numbers when the time comes. While this theory adds fuel to the ongoing speculation, such a move would be both unwise and damaging to the government’s credibility. The idea of manipulating the judiciary with a ‘managed’ majority is not only fraught with legal challenges but would also deepen the existing executive-judiciary tensions, leading to more uncertainty in an already volatile political environment. This swirling speculation highlights a broader issue: the government’s failure to decisively quash rumors with facts. In situations like these, it is the government’s responsibility to provide clear and transparent information to prevent unnecessary confusion. Unfortunately, there is a tendency for rumours to be allowed to fester, creating a ‘buzz’ that may serve political interests but which really harms the nation’s stability, breeds mistrust and amplifies political uncertainty, something the country can ill afford.

The media also bears responsibility in this situation. While it is natural for journalists to explore potential scenarios, there is a fine line between informed analysis and baseless speculation. When both the government and judicial sources have denied any plans for an extension, continued media speculation only muddies the waters. The press should prioritize accuracy and fact-checking over sensationalism, especially on issues of national importance. Legal experts warn that if the government attempts to introduce changes through ordinary legislation rather than a constitutional amendment, any such move could face significant legal challenges. Without the requisite parliamentary majority, the government would struggle to pass any controversial reforms, and pursuing them could backfire politically. With just two months remaining before the appointment of the new chief justice, it is time the government put these rumours to rest. The next session of parliament should either dispel all doubts or risk further political intrigue. At a time when Pakistan faces critical challenges – economic instability, terrorism, law and order issues, and climate change – distractions over judicial appointments are counterproductive. The country needs stability, clarity, and effective governance, not palace intrigue. One really hopes the government is not gearing up for some misadventure that will only end with further damaging its already bruised credibility.