Pakistan’s recently passed 26th Constitutional Amendment, also known as the “Constitutional Package,” represents one of the most comprehensive reforms in the country’s judicial history. This set of amendments aims to address transparency, accountability, and the balance of power within the judiciary.
By curtailing certain judicial powers and involving Parliament in judicial appointments, this amendment package seeks to enhance democratic oversight and address longstanding criticisms about judicial overreach. However, the amendment has also sparked debate, as it introduces significant shifts in judicial functioning, particularly with regard to the Supreme Court’s suo motu powers and the appointment of the Chief Justice of Pakistan (CJP).
One of the amendment’s most impactful provisions is the restructuring of the Chief Justice’s appointment process. Previously, the most senior judge of the Supreme Court automatically succeeded as CJP, an arrangement designed to ensure neutrality and clear succession. However, the 26th Amendment introduces a new approach: a Special Parliamentary Committee will now recommend the CJP from among the top three senior judges, allowing Parliament to influence this critical role. The committee, composed of eight National Assembly members and four Senate members, is structured to reflect the proportional representation of........