Mudassir Rizwan
The Constitution (Twenty-sixth Amendment) Act, 2024, hastily passed by the Parliament on October 21, 2024, and approved by the President of Pakistan the same day, promises essential reforms to improve the country’s legal framework, enhance judicial transparency, and promote citizens’ welfare. However, it is facing significant backlash from advocates for an independent judiciary.
The 26th Amendment introduces various measures intended to reform the judicial system, ensuring it adheres to democratic principles and strengthens the integrity of Pakistan’s institutions.
A notable feature of this amendment is Article 9A, which guarantees the right to a clean and healthy environment as part of the Constitution. This addition underscores Pakistan’s commitment to global environmental standards and recognizes the importance of protecting natural resources for future generations. Embedding this right into the 1973 Constitution sets a positive precedent for prioritizing environmental protection in future policies.
The amendment also revamps the process for judicial appointments by amending Article 175A. It alters the composition of the Judicial Commission of Pakistan, incorporating members of Parliament into decision-making. By including both government and opposition members, the amendment aims to enhance transparency and accountability, ensuring that the judicial system is more representative and less susceptible to bias.
Another critical change is the revised procedure for appointing Pakistan’s Chief Justice (CJP). Instead of the senior-most judge automatically being elevated to the role, a parliamentary committee will now choose from three nominees. This adjustment is intended to broaden the pool of candidates, allowing for selection based on merit and experience rather than just seniority.
Following the 26th Amendment’s approval, Justice Yahya Afridi was nominated as the next CJP on October 22, 2024. His extensive expertise and strong commitment to upholding the rule of law have generated optimism for stability during a pivotal period for the nation. Afridi’s integrity and dedication position him well to lead the judiciary effectively.
As the CJP, Afridi will face pressing challenges, such as implementing the 26th Amendment’s reforms, ensuring a transparent judicial appointment process, and tackling the backlog of cases that has long hindered the courts. Structural reforms like constitutional benches will be vital in expediting justice and restoring public confidence in the legal system. These challenges will test Afridi’s leadership and the effectiveness of the 26th Amendment’s reforms.
The amendment also introduces systematic evaluations for judicial performance to enhance accountability within the judiciary. Judges will have an opportunity to improve their performance before facing disciplinary actions. Afridi’s implementation of these evaluations will be crucial in maintaining high professional standards.
Additionally, the amendment emphasizes judicial restraint in exercising Suo Motu powers by forming a three-member judicial committee to approve such interventions. This change encourages thoughtful and collective judicial action, crucial for maintaining the balance of power.
Justice Afridi’s tenure will also focus on making the judiciary efficient and transparent, with provisions for transferring cases between high courts being instrumental in ensuring timely justice for all citizens.
At this crucial moment in Pakistan’s legal landscape, Afridi’s leadership will be essential in navigating political and legal transformations, ensuring the smooth implementation of the 26th Amendment’s principles of accountability and independence.
Despite criticisms suggesting potential threats to judicial independence arising from these reforms, the amendment reflects a comprehensive attempt to enhance fairness and efficiency within the higher judiciary. The addition of rights focused on environmental protection and reformed judicial processes aligns with the country’s larger objectives of social and legal advancement.
Ultimately, only time will reveal whether the 26th Amendment will genuinely benefit the people and foster the democratization of institutions or simply serve the interests of those in power. The legislature, regardless of political affiliation, has shown a readiness to cooperate without reservation, potentially empowering citizens to engage more actively in the legal system.
