Every new development comes with its pros and cons, depending on how it’s applied in different areas. The recent constitutional ammendment 2024 is no exception. While some of its provisions offer significant benefits, others appear to be biased, favoring certain groups or interests for personal gain.
A proposal has been made to amend around 54 provisions of the constitution, with significant changes focusing on the judiciary system. This constitutional proposal can more or less be called a judicial reforms. In addition to these judicial reforms, other key changes include the introduction of article (9A) an additional fundamental right to a “clean environment”.
The core of the 26th Constitutional Ammendment is to establish a separate Constitutional Court which will be a kind of separate penal court and would be independent of the Supreme Court. Constitution Court will have the jurisdiction on matters related to the constitution interpretation. In Pakistan, the Supreme Court is currently overloaded with too many cases, which leads to important political and constitutional matters being prioritized, while regular cases involving ordinary people are delayed. This means many people struggle to get timely justice. The creation of a Constitutional Court would help lighten the load on the Supreme Court, allowing it to focus on other cases, and make justice more accessible and fair for everyone.
In addition to these, several constitutional amendments have been proposed, such as the transfer of judges between high courts and changes in the procedure for appointing Supreme Court judges. Another suggestion includes the formation of a joint committee that merges a parliamentary committee with a judicial commission. There’s also a proposal to extend the retirement age of the Chief Justice. And the recommendations regarding the appointment process, tenure, and structure of judges for a Constitutional Court. Notably, the transfer of judges between courts could have a significant impact on the judiciary, potentially enhancing the prevalence and accessibility of justice in the country.
There is an ongoing political debate over a proposed constitutional amendment package. The government presents it as a reform initiative, while the opposition, led by PTI, argues that it is designed to block the appointment of the upcoming Chief Justice, Justice Mansoor Ali Shah, in order to prevent any decisions that might favor PTI. The opposition further claims that the amendment is intended to strengthen the outcomes of the February elections, making it difficult to challenge them in the Supreme Court. According to opposition, the main objective of the 26th amendment is to keep the party either in jail or in opposition, preventing them from gaining political strength or obtaining relief through the judiciary.
