By Afshain Afzal

The people of Pakistan are thankful to the United Nations rights chief Volker Turk for raising concerns over the new 26th constitutional amendment saying that it will seriously undermine judicial independence. The Human Rights Commission of Pakistan, the International Commission of Jurists also dubbed the 26th Constitutional Amendment as a “blow to judicial independence”. Through amendments in the constitution, the custodians of the Constitution have set up a constitutional regime to derail democratic institutions including the Judiciary. A series of anti-Judiciary and anti-democracy revengeful actions through the Constitution 26^th Amendment Act 2024 by making amendments and insertions in Articles including 199 (1A), 202A, 203D, 208, 209, and 215 has exposed the anti-state designs against state authorities in Pakistan.

These amendments have been formulated with an intention not only to destroy the institution of the Judiciary by taking away its independence but also to seize the progression towards its separation from the executive. These amendments have also delayed the implementation of Islamic provisions, at least three years behind schedule, and also weakened the Federation by creating grounds for absolute autonomy in the provinces by placing seats of Provincial Judges in the Federal capital. The immediate impact of the Act 2024 was a sense of disrespect amongst the Judges for each other, which instigated six junior Judges to dare skip the Full Court Reference of the Supreme Court on 25^th October 2024, despite written invitations and reminders.

Through these amendments an attempt has been made to place junior Judges and advocates, non-judicial retired officials, and nominated women, non-Muslims, and transgender over the senior judges. The Judiciary has been made a mere rubber stamp with no teeth to nib the evil and injustices. More so, to achieve said hidden agendas, the supremacy of the Constitution has also been tarnished by getting passed issues at provincial and local government levels such as local taxes, fees, cess, charges, tolls in Cantonment areas in the Fourth Schedule.

Humiliating amendments regarding the powers of Chief Justice and other Judges of the Supreme Court and High Courts that if Chief Justice or Judge of the Supreme Judicial Council is absent or is unable to act due to illness or any other cause, the Judge of the Supreme Court who is next in seniority below the Judges or another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place. There is a provision Chief Election Commissioner and members will hold office until his successor enters upon the office no matter takes years.

Pakistan has been a federation since independence in 1947, but various attempts were made in the past, which are continuing, to change the federal structure on the lines of India or the United States of America for strong autonomous provinces or states. With a strong Federation and autonomous provinces within prescribed limits, the foundation of an Islamic social contract among provinces and territories afterward included in or acceded, these become part of the state as Islamic Republic of Pakistan. Ideally, the Amendment Act should have been confined to Judicature but issues like discontinuance of Presidential awards in the field of nursing were made part of the Amendments. In a nutshell not only the present Amendments, but numerous Amendments made in the past, especially in 2010/ 2011, require review de-novo.