Legislative overreach?

In my opinion, the recently passed 26th Amendment represents an unconstitutional package that directly attacks judicial independence. Despite the final form of the amendment being a revised version, it still suffers from fundamental issues.

The core problem is parliament and, by extension, the executive’s enhanced role in appointing the chief justice and determining which judges can hear constitutional matters. This undermines the separation of powers and threatens to politicise judicial functions in Pakistan.

Ahmed Ali

Lahore

*****

The 26th Amendment to the constitution of Pakistan has sparked significant concerns regarding the erosion of judicial independence. This amendment, which shifts the power of appointing the chief justice and other judges of the higher judiciary to a parliamentary committee, is a troubling development that threatens the core principles of justice in the country. Historically, the judiciary has served as a check on executive and legislative overreach, ensuring rule of law prevails. However, with this amendment, the appointment of the CJP will now rest in the hands of politicians, many of whom have faced credible allegations of corruption and misconduct.

This shift creates a worrying scenario where individuals with questionable motives and interests will decide who holds the highest judicial offices in the land. Such a change compromises the independence of the judiciary, which is essential for the impartial administration of justice. In essence, judges who are supposed to be neutral arbiters of the law will be selected by individuals with political motivations, raising the potential for bias and favouritism in court rulings. Rule of law, which forms the foundation of a just society, is now at risk of being overshadowed by political expediency.

Wasif Khaliq Dad

Rawalpindi