On Monday, Pakistan’s government-sanctioned amendments to the constitution that granted parliament the authority to appoint the chief justice of the Supreme Court. This move has sparked a backlash from opposition parties, who argue that it represents an effort to undermine the independence of the judiciary.
The Supreme Court of Pakistan has emerged as a focal point of contention between the government and imprisoned former Prime Minister Imran Khan. The court is currently deliberating on matters that include a disputed national election and the possibility of a military court trial for Khan and his associates.
The extraordinary session of parliament, convened on Sunday—a public holiday—resulted in the approval of constitutional changes after an all-night deliberation that wrapped up just before dawn on Monday.
The amendment bill states, “The Chief Justice of Pakistan shall be nominated by the Special Parliamentary Committee…from amongst the three most senior Judges of the Supreme Court,” and includes a range of other procedural changes.
The tradition dictated that the Supreme Court’s second-most senior judge would ascend to the role of chief justice upon the retirement of the top judge at the age of 65.
“It has been settled that parliament is supreme,” stated Prime Minister Shehbaz Sharif following his ruling coalition’s achievement of the necessary two-thirds majority in parliament to amend the constitution for the 26th time since its enactment in 1973.
In Pakistan, politicians have consistently voiced concerns regarding the judiciary’s encroachment into governance issues, escalating tensions between the judicial and legislative branches.
Sharif stood by the amendments, arguing that previous rulings had led to the dismissal of incumbent prime ministers, supported military regimes, and weakened the foundations of democracy and parliamentary governance.
Chief Justice Qazi Faez Isa is set to retire this Friday. Analysts report that concerns have emerged within government circles regarding the perceived leniency exhibited by senior judges beneath him and in the high courts towards Khan in several cases.
Former cricket star Khan, aged 71, has spent more than a year behind bars. The ousting of the leader in 2022, coupled with ongoing confrontations with the military, has led to unprecedented political upheaval in Pakistan, marking the most significant turmoil the country has experienced in decades.
“Today marks a somber moment in our constitutional history and poses a significant threat to judicial independence,” stated Gohar Ali Khan, chairman of Khan’s Pakistan Tehreek-e-Insaf (PTI).
