Constitutional moves

The only thing on the minds of the government, its allies, and the opposition for the past few weeks has been the 26th Amendment to the constitution – how to get it passed and how not to get it passed. At the time this editorial is being written, the coalition government and its allies have claimed to have secured the necessary support to pass the judicial reforms, with a parliamentary session due later in the evening (Saturday). For now, what remains unclear is the content of the final amendment – amidst attempts to evolve a broader political consensus, which has only complicated an already tense situation. At the forefront of these efforts has been PPP Chairman Bilawal Bhutto-Zardari, who has worked relentlessly for a consensus on these amendments – holding meetings at all hours with JUI-F chief Maulana Fazlur Rehman and other key stakeholders. On Saturday, Billawal Bhutto announced a complete consensus with the JUI-F on the constitutional amendment. Of course, it could never be as simple as that and – as expected – the PTI has asked for more time, citing the "sensitive" nature of the proposed amendments. Observers suggest that the PTI’s request for more time is a delaying tactic, aimed at stalling the passage of the amendments until after Chief Justice Qazi Faez Isa’s impending retirement next week. It is rumoured that the government, on the other hand, is eager to pass the amendment now. The speculation is that some amendments target the seniority principle in judicial appointments – potentially paving the way for a panel system rather than the automatic promotion of the most senior judge.

Beyond the rumours and political maneuvering, the need for clarity and transparency in this process cannot be overstated. To date, the specifics of the final amendment have not been shared publicly. Until the amendment is tabled in parliament, the full implications remain uncertain. What is clear, however, is that any amendment to the constitution, particularly one involving the judiciary, must not be rushed or done in secrecy. One positive outcome of the government’s failure to push through the amendment on September 15 is that it has sparked an open debate – both in the media and among political parties. Constitutional amendments should never be passed without rigorous public scrutiny. Earlier attempts to pass this amendment quietly would have set a dangerous precedent for altering the country’s judicial system without full and transparent debate. With input having been sought from bar councils, civil society, and political parties, the discussion has at least moved in the right direction. Yet the race against time continues. The government has been in a rather unseemly rush to push the amendment through before the judiciary’s leadership changes, and the PTI seems intent on blocking it until after.

The critical question remains: will this hard-fought consensus lead to meaningful reform, or will the delay tactics and political wrangling stretch this process beyond Chief Justice Isa’s retirement? Regardless of the outcome, what is needed most is for the government to continue its commitment to transparency and democratic process. Constitutional amendments, especially those that impact the judiciary, cannot afford to be the product of political expediency. The government and opposition must ensure that any changes are driven by genuine reform, not short-term political calculations. This is not just about the judiciary; it is about the future of Pakistan’s democratic system. A hasty or poorly debated amendment could have long-lasting repercussions for the country’s legal framework. As parliament gears up for what may be a final push to pass the 26th Amendment, it is essential that the focus remains on ensuring that the judicial system is strengthened by these reforms. The process must be deliberate, inclusive, and transparent, with the long-term health of Pakistan’s democracy as the ultimate priority.