The Pakistani Parliament has passed the 26th Constitutional Amendment with a two-thirds majority, introducing significant changes to the country's judicial system. This amendment marks a shift in the balance of power between the judiciary and the legislature, establishing greater parliamentary oversight in the appointment of judges and the Chief Justice.
Key changes include:
1. A 12-member special parliamentary committee will now select the Chief Justice from among the three most senior judges, with final approval from the Prime Minister and President.
2. Supreme Court judge appointments will be made by a commission headed by the Chief Justice, including four senior judges, the Law Minister, Attorney General, and representatives from the bar and parliament.
3. The creation of Constitutional Benches to handle specific constitutional matters and suo motu notices under Article 184.
4. Restrictions on judicial review of advice given by the Prime Minister or Cabinet to the President.
5. Introduction of a performance review mechanism for High Court judges.
6. Mandatory Pakistani citizenship and extensive legal experience requirements for Supreme Court and High Court judges.
The amendment aims to enhance judicial performance and ensure a more balanced distribution of power among state institutions. Proponents argue that this will lead to a more democratic and accountable judicial system, while critics may view it as a potential infringement on judicial independence.
This constitutional change represents a significant development in Pakistan's legal and political landscape, with potential long-term implications for governance and the separation of powers.
