The 18th-century French philosopher Montesquieu once said, “There is no liberty if the judiciary power is not separated from the legislative and executive.” The quote emphasizes the idea of separating powers among the three major tiers of the state: the judiciary, legislature, and executive. According to Montesquieu, concentrating these powers in a single body would lead to tyranny, as there would be no checks and balances to prevent abuse of power. The introduction of the 26th Amendment to the constitution of Pakistan violates Montesquieu’s principle of separation of power by overpowering the executive over the judiciary. Although the government claims this amendment is a move towards strengthening democracy and the rule of law, it has, in reality, eroded the judiciary’s independence and made it subservient to the executive. The major changes introduced through this amendment to control the judiciary are altering the procedure for appointing the Chief Justice, enhancing the role and members of the judicial commission, and curbing the suo motu power of the Supreme Court.

Previously, the Chief Justice was appointed based on seniority. Following the 26th constitutional amendment, the government now has the power to nominate a chief justice from among the three most senior judges of the Apex Court through a special parliamentary committee. The judicial commission, composed largely of the government........

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