New law establishes parliamentary oversight in selection of judges and chief justice
Pakistan
passes 26th Constitutional Amendment, reshaping judicial appointments
New law establishes parliamentary
oversight in selection of judges and chief justice
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Watts
Web desk Oct 21, 2024
Published By Daily watts News
The Pakistani Parliament has passed
the 26th Constitutional Amendment with a two-thirds majority, introducing
significant changes to the country's judicial system. This amendment marks a
shift in the balance of power between the judiciary and the legislature,
establishing greater parliamentary oversight in the appointment of judges and
the Chief Justice.
Key changes include:
1. A 12-member special parliamentary committee will now
select the Chief Justice from among the three most senior judges, with final
approval from the Prime Minister and President.
2. Supreme Court judge appointments will be made by a
commission headed by the Chief Justice, including four senior judges, the Law
Minister, Attorney General, and representatives from the bar and parliament.
3. The creation of Constitutional Benches to handle specific
constitutional matters and suo motu notices under Article 184.
4. Restrictions on judicial review of advice given by the
Prime Minister or Cabinet to the President.
5. Introduction of a performance review mechanism for High
Court judges.
6. Mandatory Pakistani citizenship and extensive legal
experience requirements for Supreme Court and High Court judges.
The amendment aims to enhance judicial performance and
ensure a more balanced distribution of power among state institutions.
Proponents argue that this will lead to a more democratic and accountable
judicial system, while critics may view it as a potential infringement on
judicial independence.
This constitutional change represents a significant
development in Pakistan's legal and political landscape, with potential
long-term implications for governance and the separation of powers.
