In this detailed analysis, I explore the controversial 26th Constitutional Amendment Bill currently in circulation in Pakistan. This proposed bill has triggered significant political and legal debates as it could fundamentally alter the structure of Pakistan's judiciary and affect the balance of power between the executive and judicial branches.
Here are the key articles impacted by the proposed amendments and their potential consequences:
1. Article 175-A: This article governs the appointment of judges to the Federal Shariat Court, High Courts, and Supreme Court. The proposed amendment effectively merges the Judicial Commission and Parliamentary Committee, centralizing the power of judicial appointments with the political executive, reducing the judiciary’s independence.
2. Article 199: This article empowers the High Courts to issue writs against government officials and public authorities when they act unlawfully. Under the amendment, constitutional cases would be transferred to a newly formed Constitutional Court, significantly diminishing the role of the Supreme Court in enforcing fundamental rights.
3. Article 243: This article concerns the command and control of Pakistan's armed forces. The proposed change could elevate recent laws governing the appointment and tenure of military chiefs to constitutional status, making these laws harder to amend in the future.
4. Article 63-A: Deals with defection or "floor crossing" in the National Assembly. The bill could weaken the ability of courts to review political decisions involving defection, further politicizing judicial oversight.
5. Article 200: Pertains to the transfer of judges between High Courts. The amendment would give greater power to transfer judges without their consent, potentially as a way to influence judicial outcomes.
6. Article 179: Establishes that a judge of the Supreme Court shall retire at 65 years of age. The amendment may extend the retirement age or allow for specific tenure extensions for judges seen as favorable to the political executive.
7. Article 180: Allows the president to appoint the senior-most Supreme Court judge as Chief Justice of Pakistan. The amendment could potentially undermine this principle by allowing more political influence in such appointments.
8. Article 186-A: Allows the Supreme Court to transfer cases between High Courts. The amendment would instead give this power to the new Constitutional Court, further eroding the authority of the Supreme Court.
9. Article 190: This article requires executive and judicial authorities to aid the Supreme Court. The amendment replaces this with the obligation to support the new Constitutional Court, shifting power away from the Supreme Court.
10. Article 239: Governs the process for constitutional amendments. The proposed bill restricts the judiciary’s ability to review or strike down unconstitutional amendments, significantly reducing judicial oversight over parliamentary decisions.
The bill’s most concerning provisions would strip the Supreme Court of its original jurisdiction over constitutional petitions, transferring this authority to a newly created Constitutional Court. This court would be handpicked by the president under the advice of the prime minister, severely compromising the independence of the judiciary.
This video discusses how these amendments, if passed, could make the judiciary more vulnerable to political manipulation, weaken judicial independence, and significantly increase the influence of the political executive over the legal system. By creating a court system that is more politically aligned, the bill threatens to undermine the rule of law and the fundamental balance of power established in Pakistan's constitution.
Stay tuned as I break down these critical changes and their implications for the future of Pakistan's judicial system and democratic integrity.

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