The Constitution of Pakistan rests upon a delicate balance between its three organs: the Legislature, the Executive and the Judiciary. This balance is not ornamental. It is the very mechanism through which fundamental rights are protected, state power is limited, and democratic continuity is maintained. It is within this context that the introduction of the 26th and 27th Constitutional Amendments must be examined, for their combined effect represents not procedural refinement but a structural shift in the character of the State.

The 26th Amendment fundamentally changed the manner of appointment, confirmation and tenure of judges of the High Courts and the Supreme Court. The amendment's primary impact fell on the architecture designed under Article 175A, which had created the Judicial Commission of Pakistan (JCP) and the Parliamentary Committee. Under the earlier model, the Chief Justice of Pakistan and senior members of the judiciary retained a decisive role in recommending judicial appointments, thereby safeguarding judicial independence, a constitutional cornerstone.

However, the 26th Amendment subtly but effectively altered this balance. By modifying Articles 175A, 177 and 193, the primacy in judicial appointments shifted in favour of the Executive. The role of the judiciary, while not eliminated, was diluted. In constitutional terms, this was not merely a legal adjustment — it represented a realignment of institutional........

© The Express Tribune