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Pakistan’s 26th Constitutional Amendment: A Critical Step Toward Judicial Reform – OpEd

72 0
29.09.2024

As Pakistan struggles with economic insecurity and political uncertainty, it is easy to ignore the most fundamental issue at the root of these crises: the shattered status of our judicial system. Every day, millions of Pakistanis do not have timely access to justice. The 26th Constitutional Amendment, now under consideration, provides an exceptional chance to fix long-standing inefficiencies in Pakistan’s legal structure. We must look at how this amendment has the potential to revolutionise the judiciary and why its adoption is not just desirable, but also crucial for the country’s growth.

Pakistan’s legal system is in serious circumstances. The figures are staggering: nearly 1.8 million cases are still pending in lower courts, and under-trial detainees makeup 40% of the country’s jail population. The vast majority of these people are imprisoned in overcrowded jails, waiting years for their cases to be heard. Even more disturbing, 70% of litigants must travel more than 100 miles to obtain basic court services. This obvious lack of accessibility and efficiency is more than just an annoyance; it is an indictment of a system that has failed to serve the people it was intended to protect.

Pakistan’s 26th Amendment Ordinance aims to address the country’s legal and political crisis by proposing a “Federal Constitutional Court.” This would relieve the Supreme Court’s workload and allow its judges to focus more on judicial matters than on political ones. The amendment also eliminates the connection between crime and the court, suggesting military tribunals to combat terrorism. Critics argue that these courts violate human rights, but such measures are not unusual in countries with persistent crime rates. The amendment also circumscribes the democratic process by deleting Article 63-A, which allows political parties to exclude members who vote against the party line. Adoption still requires extensive political efforts and public........

© Eurasia Review


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