Pakistan's Constitutional Amendment Empowers Parliament To Appoint Chief Justice

The Supreme Court is set to make key decisions on issues ranging from nationwide elections to the potential trial of the imprisoned former Prime Minister and his supporters.

In response to the constitutional amendment, Gohar Ali Khan, the head of the Pakistan Tehreek-e-Insaf (PTI) party, stated,“This is a dark day in our constitutional history and for judicial independence.”

The recent constitutional changes were passed during an extraordinary parliamentary session held on Sunday, a public holiday, which continued through the night until early Monday morning.

The amendment bill, which includes a series of procedural changes, states that the Chief Justice of Pakistan will be nominated by a special parliamentary committee from among the three senior-most judges of the Supreme Court.

Previously, the second senior-most judge would automatically succeed the Chief Justice upon retiring at 65.

This marks the 26th amendment to Pakistan's constitution since its adoption in 1973. Pakistani politicians have long complained about judicial interventions in governance, which have heightened tensions between the judiciary and the legislature.

Prime Minister Shehbaz Sharif defended the recent reforms, arguing that past court rulings led to the removal of sitting Prime Ministers, endorsed military dictatorships, and weakened democracy and parliament.

The current Chief Justice of Pakistan, Qazi Faez Isa, is set to retire this Friday. Analysts suggest that there is concern within government circles that judges ranking below Isa might have shown leniency towards Imran Khan in certain cases.

The recent constitutional changes highlight Pakistan's ongoing political power struggle, reflecting deep divisions between the judiciary and the government. As the nation approaches a critical juncture with upcoming leadership transitions, maintaining judicial independence and public trust remains crucial to safeguarding democratic processes.

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