A fresh start

Justice Yahya Afridi is Pakistan’s next chief justice, following the passage of the 26th Amendment. Starting his three-year tenure on October 26, 2024, Afridi will lead as the 30th chief justice of Pakistan, succeeding Chief Justice Qazi Faez Isa. His elevation, recommended by the Special Parliamentary Committee formed under the new constitutional framework, has inevitably raised key questions about the future of the judicial system after the 26th Amendment, which transferred the power to appoint the chief justice from the judiciary to a parliamentary committee. Many legal experts and political commentators believe that this new process compromises the judiciary’s independence by giving greater influence to the political elite. Despite the concerns, Justice Afridi’s non-controversial reputation may help ease tensions between the executive and judiciary and help bridge the growing divide between the judiciary and the other branches of government. However, he does face significant challenges ahead, particularly regarding the formation of constitutional benches as mandated by the 26th Amendment. These benches will play a crucial role in hearing cases of constitutional significance, and how they are constituted will likely shape the incoming chief justice’s tenure. The judiciary’s ability to maintain its independence while working under this new framework will be a critical test of its resilience. The creation of these benches, along with the processes surrounding them, could either stabilise or further complicate the relationship between Pakistan’s judiciary and political system.

Looking forward, Pakistan’s judicial system must focus on maintaining transparency and fairness in its operations. The separation of powers doctrine has long been a cornerstone of constitutional democracies, and safeguarding this balance is essential for the judiciary’s credibility. Justice Yahya Afridi’s leadership will be critical in ensuring that the judiciary remains an impartial body, free from undue political influence. The system should be reformed not through further politicisation, but by focusing on efficiency and transparency. The judiciary’s role must also extend beyond the internal mechanics of appointments and constitutional benches. Pakistan’s legal system, burdened by delays and inefficiencies, must prioritise timely justice for the common man. Reforms in outdated legal codes and improvements in case management could significantly reduce the backlog of cases that continue to undermine public trust in the courts. Justice Yahya Afridi’s appointment offers a path towards greater stability and reform within the judiciary. His non-partisan track record provides hope for a judiciary that can operate independently while navigating the challenges posed by the 26th Amendment. If managed wisely, this tenure could mark the beginning of a much-needed overhaul of Pakistan’s judicial system, with a renewed focus on delivering justice to the people and maintaining the balance of power between the state’s three pillars.