Editorial
In constitutional theory, parliament holds the authority to reshape the judiciary’s institutional structure. It can alter jurisdictions, establish specialised courts, and even design new judicial chambers. No constitutional barrier forbids parliament from reorganising the judicial framework to improve efficiency or address emerging governance needs. Yet this legal authority, though clear, opens a deeper and more uncomfortable question: does parliament truly represent the will of the people?
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Judicial restructuring is not merely a technical adjustment. It is an exercise that touches the very foundations of constitutional order, checks and balances, and democratic legitimacy. For such an exercise to be morally and politically defensible, it must originate from a legislature that enjoys genuine public mandate. If parliament is not fully reflective of the people’s aspirations, any attempt to redefine the judiciary risks appearing self-serving rather than reformist.
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A judiciary’s design determines how justice is delivered, how rights are protected, and how state power is restrained. These are not ordinary administrative decisions; they are matters that shape the constitutional soul of the republic. When structural reforms emerge from a parliament questioned for its electoral legitimacy, the reforms carry the burden of suspicion, even if they hold some technical merit.
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Thus, the debate is not about whether parliament can alter the judiciary—it can. The real issue is whether it should, given the current political environment. Any meaningful reform must be rooted in democratic confidence, transparency, and broad national consensus. Without these ingredients, even constitutionally valid amendments risk deepening institutional mistrust and fuelling political polarisation.
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Pakistan’s judicial future demands bold thinking, but boldness must not come at the expense of legitimacy. True reform begins not with legal authority but with political credibility.
