NEED OF 26th CONSTITUTIONAL AMENDMENT FOR PEACEFUL PAKISTAN

The judiciary in Pakistan has faced a lot of criticism in recent years. People have questioned whether the courts are truly independent or if they are influenced by political forces. This criticism is particularly strong against some of the former Chief Justices, who have been accused of making decisions that favor certain political groups. Such accusations have made many people doubt the fairness of the legal system in the country. The need for change is clear, and one way to address these concerns is through the “26th Amendment” to the Constitution. This amendment could help restore faith in the judiciary by introducing reforms that focus on fairness, transparency, and efficiency. The need is to bring transparency, as it is seen that the integrity of our judges is an issue, there is an issue of their consistency, even now the issues of their degrees are coming to the fore. So, there is a need for analysis, and transparency and a mechanism is being developed which is welcome.

According to legal experts, the parliaments of other countries of the world work for the protection of the constitution and its supremacy, but the surprising thing is that the judiciary has replaced the parliament in Pakistan, and the parliament, which is the main institution of law-making and its The first privilege is now weakened – in this respect the 26th Constitutional Amendment strengthens the Parliament and restores its lost dignity, hence these amendments are historic. One of the key issues is how cases are scheduled in the Supreme Court. Currently, the system can be seen as unfair, with some cases being prioritized over others based on unclear reasons. The proposed changes, known as the “Supreme Court Practice and Procedure Amendments Ordinance-2024,” aim to fix this by introducing a “first come, first served” system. This means that cases will be heard in the order they are submitted, rather than being scheduled based on other factors. Additionally, the Chief Justice will have the power to appoint members of committees, which is meant to spread authority more evenly within the court. These changes are designed to ensure that no single individual holds too much power, which can lead to bias or unfair decisions.

Despite these reforms, many educated Pakistanis remain uncertain about the judiciary’s independence. A fair legal system is one of the foundations of a healthy democracy, but doubts persist about whether the courts can truly operate without political influence. One major problem is the sheer volume of cases that the courts have to handle. With only 17 judges in the Supreme Court, they are expected to manage around 25,000 new cases each year. This massive workload has created a backlog of about 52,000 pending cases, which means that justice is often delayed. As the saying goes, “justice delayed is justice denied.” When people need to wait years for their cases to be resolved, it weakens trust in the legal system. The courts are simply overwhelmed, and it’s clear that the system as it stands is not equipped to deal with such a heavy caseload. Judicial independence is a cornerstone of any functioning democracy, and the 26th Amendment provides a roadmap for achieving this in Pakistan. The reforms are not just about efficiency but also about ensuring that the courts operate in a way that is fair and transparent

One of the central proposals of this amendment is the creation of a new court called the Federal Constitutional Court (FCC). The FCC would be the highest authority for interpreting the Constitution and would take on many of the cases that currently go to the Supreme Court. By handling these specific cases, the FCC would free up the Supreme Court to focus on other matters, which should help reduce the backlog of cases. The FCC would have a Chief Justice and several judges who are carefully selected to represent all the provinces of Pakistan. This would ensure that the court is balanced and fair, with input from across the country. Moreover, the establishment of the FCC is a significant part of the 26th Amendment, but it’s not the only change. The amendment also suggests lowering the minimum age for High Court judges, which would allow younger, more energetic legal minds to contribute to the system. Additionally, it calls for annual performance assessments of judges. This is meant to improve accountability, as judges will have to meet certain standards to maintain their positions. By regularly evaluating their performance, the judiciary can ensure that it is functioning at its best.

According to me, for Pakistan to successfully implement the 26th Amendment, a well-thought-out strategy is necessary. It’s not enough to just pass the amendment; there needs to be a broader discussion about its implications. Public discussion is crucial, as people need to understand what the amendment means for the country’s democracy and judicial system. This should be done through open debates in both the legislative assemblies and in civil society forums. When people are informed and engaged, they are more likely to support reforms that are in the best interest of the country. Transparency will also play a key role in gaining public trust. The amendment process must be open and clear, with all steps being communicated to the public. This will help ensure that people feel confident that the changes are being made for the right reasons and that they are not simply another political maneuver. When the public trusts the system, they are more likely to believe in the fairness of the courts and the rule of law.