The Constitution (Twenty-sixth Amendment) Act, 2024 was passed by the National Assembly with a two-thirds majority on October 21 after the Senate’s endorsement. This Amendment, also known as the Constitutional Package, limits the power of the judiciary in at least two ways.
One, as opposed to the senior-most judge being appointed as the Chief Justice of Pakistan (CJP), the CJP will now be decided by a Special Parliamentary Committee, constituted with members of the Senate and National Assembly, apart from judges, which will pick one of the three senior-most judges as the next CJP. Two, the Judicial Commission of Pakistan has been empowered to create special “constitutional benches” from within the Supreme Court and High Courts to decide on matters relating to the interpretation of the Constitution. This means that the JCP will have the power to constitute tailor made benches to hear matters dealing with fundamental rights and the Constitution — in essence, curtailing the powers of the SC.
The ruling party PML-N was supported wholeheartedly by its ally, the Bilawal Bhutto Zardari-led PPP, and after deliberations, by other smaller parties as well, including the Maulana Fazlur Rehman-led JUI-F. While the PTI suggested changes to the draft, it boycotted the actual voting process, claiming it needed time to deliberate with chief Imran Khan before deciding.
The media in Pakistan has weighed in on the political parties’ responses to the Act rather than the actual Act itself.
For instance, Dawn (October 21) says, “the PTI… acknowledged that it was ‘much better’ than the initial proposals.” While there is fear “that the ruling coalition may try to misuse the amendments”, the responsibility of opposing it has been passed on to the PTI: “Perhaps the PTI should have taken its responsibility, as the primary opponent of these amendments, more seriously.”
In a similar vein, News International (October 23) slams PTI for its boycott, saying, “By not showing up, the party keeps alienating itself from the legislative process — choosing chaos over constructive engagement… If it continues to shy away from owning political decisions and engaging with the parliamentary process, it will only undermine its own relevance.”
The Nation (October 21) commended the government for its “consensus-building” saying, “While it remains PTI’s decision whether to vote or not, its agreement in principle with the amendment highlights the effectiveness of the government’s consensus-building efforts. On the actual merits of the Act, the editorial believes that “wider representation” in the judicial commission, with the addition of political leaders, “will ensure that decisions on judicial appointments are made through broader consensus.”
Express Tribune (October 22) condemned the Act saying, “A glance reveals that the judiciary has been cut to size through the legislation. It has taken away the Supreme Court’s suo motu powers, fixed the tenure of the Chief Justice of Pakistan to three years, and empowered the Prime Minister to appoint the next CJP from among three senior most SC judges.” In a diametrically opposed stance to that of the other papers, Tribune believes that “the JUIF and PTI should be commended for keeping alive the momentum by saving the judiciary from capitulation.”
New Chief Justice — and a troubling legacy
Chief Justice Qazi Faez Isa, the country’s 29th CJP, retired this week. If certain claims are to be believed, the incoming Chief Justice of Pakistan, Justice Yahya Afridi — not the senior-most judge — was appointed over Justice Mansoor Ali Shah, who was next in line before the passing of the 26th Amendment.
On July 12, a 13-judge bench, presided over by Justice Ali, had adjudicated (by a eight-judge majority) in favour of Khan’s PTI. In essence, it confirmed the PTI’s right to the reserved seats for women and minorities in the National Assembly that granted the party a new lease of life and substantially increased its representation in the lower house.
Dawn (October 22) says, “Given the circumstances in which the amendment has been enacted, it has long been speculated that its main purpose was to block the senior puisne judge, Justice Mansoor Ali Shah, from office and/ or dilute his authority.”
Hinting at similar potential involvement of the political establishment, News International (October 24) says, “His elevation, recommended by the Special Parliamentary Committee formed under the new constitutional framework, has inevitably raised key questions about the future of the judicial system after the 26th Amendment, which transferred the power to appoint the chief justice from the judiciary to a parliamentary committee. Many legal experts and political commentators believe that this new process compromises the judiciary’s independence by giving greater influence to the political elite.”
Express Tribune (October 24) speaks of the cloud under which Justice Afridi would have to take charge, saying, “Justice Yahya Afridi, irrespective of his outstanding credentials, will carry the stigma of being backed by the executive in the light of his nomination by a Special Parliamentary Committee under a new law that is controversial to the core.
The Nation (October 26) welcomes Justice Afridi’s focus on “the need for internal reform within the judiciary.” Applauding the new CJP’s vision, the editorial states: “Notably, Justice Afridi’s agenda does not include mention of judicial activism or involvement in the country’s political and legal landscape. This reflects a shift in the judiciary’s focus, suggesting a recognition of the need to address its own backlog and delay issues before taking on broader societal challenges.”
To eradicate polio — a government action plan
World Polio Day is celebrated on October 24, the birth anniversary of Jonas Edward Salk, who headed the team that developed a vaccine against poliomyelitis. The world is close to achieving the complete eradication of polio, with only two countries — Pakistan and Afghanistan — still seeing a resurgence in cases. In the particularly sensitive Khyber Pakhtunkhwa (KP) and Balochistan regions, security issues often obstruct vaccination efforts. The government has brought forth the National Emergency Action Plan for Polio 2024-25 across the country to boost vaccination efforts, work better with Afghanistan and focus on enhancing management and supervision to ensure implementation.
According to an official quoted in News International (October 24), “while the country’s previous approach to polio has mainly been reactive, this plan will help pivot to a more proactive approach where authorities aim to stay one step ahead of the disease.”
Dawn (October 23) believes that “improving the basic health infrastructure is essential to polio’s eradication. Efforts to combat misinformation, which fuels vaccine hesitancy, are equally critical.” Commenting on the challenges in KP, it says, “vaccine reluctance remains a challenge, contributing to the low immunisation coverage… Security concerns in vulnerable regions need to be addressed to ensure polio workers can operate safely and reach every child.”
adya.goyal@expressindia.com
