Pakistan passes new constitutional amendment empowering parliament to appoint top judge
- In Reports
- 02:16 PM, Oct 22, 2024
- Myind Staff
The Pakistani government has approved new constitutional changes that will give lawmakers more authority to choose the top judge. This decision is viewed as an effort to reduce the influence of the courts, which have been seen as supportive of the imprisoned former Prime Minister Imran Khan.
The 26th Constitutional Amendment Bill was passed early on Monday, after months of negotiations and an overnight session in the National Assembly, which is the lower house of parliament in the country. According to the amendment, the chief judge of the Supreme Court will now be chosen by a parliamentary committee and serve a three-year term.
Relations between the government and the top court have deteriorated since suspicions of election manipulation plagued this year's February general elections, as several court decisions have supported Khan and his Pakistan Tehreek-e-Insaf (PTI) party. The amendment was made just days before Chief Justice Qazi Faez Isa of the Supreme Court is set to retire. According to the old law, Isa would have been succeeded by the next senior judge, Mansoor Ali Shah, who consistently made rulings that favoured Khan and the PTI.
Additionally, new panels of senior judges will be established to consider only constitutional matters, which were at the centre of recent Supreme Court battles between the PTI and the government. Prime Minister Shehbaz Sharif declared it to be "a historic day… affirming the supremacy of Parliament" as the law was approved in a predawn session.
“Today’s amendment, the 26th, is not just an amendment, but an example of national solidarity and consensus. A new sun will rise, emanating across the nation,” Sharif said. A two-thirds majority in favour of the measure was obtained by his Muslim League-Nawaz party with the support of the Pakistan People's Party, a former competitor that is now a partner. A few rebellious PTI MPs supported the proposal as well.
However, PTI leaders, who represent the largest bloc in parliament, have retaliated against the changes. “These amendments are akin to suffocating a free judiciary. They do not represent the people of Pakistan,” said PTI’s Omar Ayub Khan, leader of the opposition in the National Assembly. “A government formed through rigging cannot amend the constitution.”
According to analyst Bilal Gilani, who leads Pakistan's top polling organisation, the modifications contain a few "wins," one of which is that they balance judicial activity. “A more sinister side of this amendment creates a judiciary that is more pliant with the concerns of the government,” he added. The nation's Dawn newspaper made a prediction on Monday that the bill may intensify conflict between state branches. “Given the long-running feuds and divisions… the changes being made could trigger a new standoff between the legal fraternity and the government,” read an editorial.
The Supreme Court of Pakistan declared in July that the Election Commission of Pakistan should not have excluded Khan's party from the election campaign by requiring its Members of Parliament to run as independents due to a technicality. Khan's party will have the most lawmakers thanks to the PTI's acquisition of several non-elected seats for women and religious minorities.
Khan's personal convictions and punishments have also been overturned by other courts. Six judges of Pakistan's High Court have accused the country's intelligence service of intimidating and coercing them over issues that are "politically consequential" earlier this year.
Despite being imprisoned on what he claims are politically unjustified charges, Khan is still very popular and regularly protests against the establishment. In 2022, a no-confidence vote ousted him from office after analysts said he lost the support of the generals. He launched a bold campaign against the military, which is a big red line in a nation where the army has ruled for decades. His leadership and supporters were harshly suppressed.
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