Erosion of judicial sovereignty

I am writing to express my deep concern regarding the 26th Amendment. The International Commission of Jurists has termed the 26th Constitutional Amendment a blow to the independence of the judiciary, reflecting the fragile international, political, and legal standing of Pakistan. These amendments have introduced significant changes to the composition of the Judicial Commission of Pakistan by reducing the judicial members to a minority. Furthermore, a special parliamentary committee, composed of members from the National Assembly and Senate, has been established for the appointment of the chief justice. These changes permit direct political influence over judicial appointments, thereby undermining the principles of justice and equality.

This amendment brings an unprecedented level of political interference into the process of judicial appointments and seriously weakens the judiciary’s ability to independently and effectively safeguard human rights. Moreover, the draft amendments were prepared in secrecy, with no public consultation before being introduced and passed in parliament. The more politically motivated amendments of this nature that are introduced, the greater the challenges the judiciary will face in doing its job.

Sajjad Ali Memon

Islamabad