Pakistan’s political landscape is experiencing a seismic shift with the introduction of constitutional amendments that promise to reshape the country’s judiciary and parliamentary balance. Tensions have been simmering between the state and the judiciary, and now, the Shehbaz Sharif government has passed a package of reforms designed to protect parliamentary supremacy and curb judicial interference. But with this move comes a wave of political drama, skepticism, and debate.
The Amendments That Could Change Pakistan’s Judiciary
On October 21, 2024, Pakistan’s government narrowly passed a set of constitutional amendments in a late-night parliamentary session. These changes aim to limit the judiciary’s power, particularly in cases where courts have previously issued rulings seen as hindrances to parliamentary functions. At the heart of the amendments is a decision to alter the way the Chief Justice of Pakistan is appointed—shifting power from the judiciary itself to a parliamentary committee.
Notably, the amendments include:
- Fixed tenure for the Chief Justice: A three-year term, aimed at bringing consistency and limiting unchecked influence.
- Creation of a new constitutional bench: This bench will be tasked with resolving key constitutional matters, bypassing the Supreme Court’s previous control over these issues.
These reforms come in the wake of mounting tensions since February’s controversial national election. Allegations of election rigging and political turmoil have underscored Pakistan’s ongoing struggle for democratic stability. Former Prime Minister Imran Khan, the country’s most popular politician, remains imprisoned, a symbol of the ongoing rift between his supporters and the establishment.
Parliamentary Supremacy or Judicial Control?
According to Defence Minister Khawaja Asif, the primary goal of these amendments is to block judicial verdicts that interfere with parliament’s work. In his words, the reforms are “non-negotiable” when it comes to ensuring the supremacy of the parliament, a position echoed by the Pakistan Muslim League-Nawaz (PML-N) and its coalition partners.
Despite opposition from Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, the amendments scraped through, achieving the required two-thirds majority in the National Assembly with 225 votes, just above the needed 224. Crucially, this was made possible by rebel PTI members, further exposing cracks within the opposition party.
What’s Behind the Judicial Reforms?
Analysts argue that the judiciary has long been involved in activism that has complicated political processes in Pakistan. While some see these reforms as a win for reining in judicial overreach, there are concerns that the amendments could transform the judiciary into a more pliant institution that bends to the government’s will.
Political analyst Bilal Gilani notes that while the amendments may bring balance to the judiciary’s activism, there’s a darker side—creating a judiciary that’s more accommodating of government concerns, particularly in the face of looming elections and political crises.
PTI’s Defiance: Boycotting Parliament
Despite the government’s success in passing these amendments, the road to full implementation is not yet clear. PTI has chosen to boycott the parliamentary sessions discussing these reforms, even as the government sought to garner their support. There have been allegations from PTI that some of their lawmakers were coerced into backing the amendments, although the government has firmly denied these claims.
PTI’s reluctance stems from a desire to delay the process until after Justice Isa’s retirement, as they favor Justice Shah for the position of Chief Justice. With elections looming in 2025, PTI’s strategy appears to focus on rallying popular support while continuing its opposition to what they describe as an illegitimate government.
Delays and Political Maneuvering: A Cabinet in Crisis
In an ongoing saga, the government’s efforts to pass these reforms have been repeatedly delayed by disagreements and shifting allegiances within its coalition. On October 20, 2024, a cabinet meeting finally approved the final draft of the 26th Constitutional Amendment, but the process remains fraught with challenges.
Notably, Maulana Fazlur Rehman of the Jamiat Ulema-e-Islam-Fazl (JUI-F) played a pivotal role in securing the necessary support for the government. His influence was crucial, particularly in gaining the support of religious parties and opposition figures. Despite his efforts, PTI has continued to resist, calling for further deliberations and accusing the government of attempting to weaken the judiciary.
What’s Next for Pakistan?
As Pakistan heads into a critical phase of political transition, the passage of these amendments marks a defining moment. The government’s success in securing these reforms, albeit with fierce opposition, indicates that the tug-of-war between the judiciary and parliament is far from over.
