26th Amendment lConstitutional Amendment in Pakistanl Barrister Musavir Gajani l Adv Sehrish Salamat

The 26th Amendment to the Constitution of Pakistan, enacted in October 2024, introduced significant changes to the judiciary and the balance of power among state institutions. Key aspects include reforms to judicial appointments, establishment of specialized constitutional benches, and performance evaluations for judges. The amendment’s positive aspects include increased focus on accountability and attempts to streamline judicial processes, such as addressing inefficiencies and backlogs in courts.

However, the amendment has drawn criticism for potentially undermining judicial independence. For instance, the revised process for appointing the Chief Justice of Pakistan (CJP) and other judges now involves significant input from the executive and legislature, raising concerns about political influence. The new performance evaluation mechanism, while designed to enhance efficiency, may also expose judges to pressure from the government, compromising their impartiality. Additionally, the creation of constitutional benches under the Judicial Commission of Pakistan (JCP) has sparked fears of biased rulings in politically sensitive cases.

Overall, while the amendment aims to address certain governance challenges, critics argue that it risks weakening the judiciary’s independence, a cornerstone of Pakistan’s constitutional democracy. The long-term effects of these changes will depend on their implementation and the extent to which they preserve the balance of power and rule of law.