Chief Justice of Pakistan Yahya Afridi has said that the judiciary stands united in protecting judges from external pressure. Speaking at a conference in Islamabad, he noted that changes to the judicial code of conduct were introduced to safeguard judicial independence and strengthen public confidence. Judicial independence is undoubtedly essential to constitutional democracy. However, constitutional oversight and institutional checks should not be confused with external pressure.
Pakistan’s Constitution establishes a parliamentary democratic system in which state institutions operate within defined constitutional boundaries. Parliament possesses important supervisory and accountability powers over the functioning of the state. Article 66 protects freedom of speech and parliamentary privileges, allowing legislators to perform their representative and deliberative functions without improper interference. Similarly, Article 69 protects parliamentary proceedings from judicial intervention merely on the ground of procedural irregularity. These protections preserve Parliament’s constitutional space and institutional autonomy.
The Constitution also makes the executive politically accountable to Parliament. A prime minister remains in office only while commanding the confidence of the National Assembly. This principle places parliamentary accountability at the heart of executive authority and ensures that political power ultimately remains connected to elected representation.
The relationship between Parliament and the judiciary must similarly be understood through the Constitution rather than through the language of institutional pressure. Parliament has a constitutionally prescribed role in aspects of the judicial appointment process through parliamentary participation. Exercising such constitutional responsibilities cannot, by itself, be characterised as interference in judicial independence.
Judicial independence must therefore coexist with constitutional checks, institutional accountability and respect for Parliament’s own constitutional domain. Following the Constitution is not external pressure. It is the constitutional balance among institutions that protects judicial independence, parliamentary authority and genuine parliamentary democracy.
