ISLAMABAD, Pakistan — In a significant political shift, Pakistan Parliament, the Pakistan National Assembly passed the 26th Constitutional Amendment Bill on Monday, October 21, 2024. The amendment gives parliament new powers to appoint the Chief Justice of the Supreme Court, marking a major change in the balance between the executive, legislative, and judicial branches.
Pakistan Parliament to Appoint Chief Justice for Fixed Term
Under the new law, a parliamentary committee will now select the Chief Justice of Pakistan. The appointed Chief Justice will serve a fixed three-year term.
Previously, the most senior judge automatically succeeded the outgoing chief justice. This change alters a long-standing tradition in Pakistan’s judiciary.
Pakistan Parliament Historic Vote Amid Political Tensions
The bill passed during a predawn session following hours of heated debate. Prime Minister Shehbaz Sharif praised the move, calling it:
“A historic day… affirming the supremacy of Parliament.”
Sharif emphasized that the amendment represents national unity and democratic reform.
His Pakistan Muslim League-Nawaz (PML-N) secured a two-thirds majority with support from the Pakistan People’s Party (PPP) and some dissident MPs from PTI.
Opposition Slams the Amendment
The Pakistan Tehreek-e-Insaf (PTI), led by Omar Ayub Khan, fiercely opposed the amendment. PTI is currently the largest bloc in parliament.
Omar Ayub stated:
“These amendments are akin to suffocating a free judiciary. They do not represent the people of Pakistan.”
He added that a government formed through alleged election rigging has no legitimacy to amend the Constitution.
Judiciary and Government at Odds
Tensions between the government and the judiciary have escalated since the February 2024 general elections, which were marred by rigging allegations.
The amendment comes just days before Chief Justice Qazi Faez Isa is set to retire. Under the previous system, Justice Mansoor Ali Shah, next in seniority, would have taken over. Shah has been known for rulings seen as favorable to PTI.
New Constitutional Courts to Handle Key Disputes
In addition to changing judicial appointments, the amendment also creates new panels of senior judges. These panels will exclusively hear constitutional matters. The government says this move will resolve legal deadlocks and speed up key decisions.
Supreme Court Previously Sided with PTI
In July 2024, the Supreme Court ruled against the Election Commission of Pakistan for sidelining PTI. The court ordered the restoration of PTI’s reserved seats for women and minorities, making it the party with the largest number of MPs in the National Assembly.
What This Means for Pakistan
The 26th Constitutional Amendment has reshaped Pakistan’s democratic structure. It shifts judicial control toward the legislative branch, sparking both celebration and controversy.
While the government calls it a win for democracy, critics argue it undermines judicial independence.
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