ISLAMABAD: A group of 38 human rights activists and civil society members from across Pakistan has filed a petition challenging the 26th Amendment, calling it unconstitutional and a threat to judicial independence.
The petition, filed in the Supreme Court, argues that the amendment grants excessive control to the executive and legislature over judicial appointments and fundamental rights cases.
The petitioners contend that it undermines the separation of powers and weakens legal protections against human rights abuses.
Unlike previous legal challenges, this petition is led by civil society representatives, including trade unionists, student leaders, and advocates for press freedom and gender equality.
They claim the amendment limits legal recourse for marginalised groups, curbs freedoms of expression and assembly, and allows unchecked state power.
The petition warns that the amendment could be used to suppress dissent, restrict workers’ rights, and interfere in interprovincial resource disputes. It urges the court to strike down the amendment, citing the need to uphold democratic principles and judicial independence.
The Supreme Court is expected to review all challenges to the amendment, with legal experts closely watching its response.
The 26th Amendment to Pakistan’s Constitution, enacted in October 2024, introduced significant changes to the judiciary’s structure and appointment processes. Notably, it altered the selection method for the Chief Justice of Pakistan, shifting this responsibility from a seniority-based system to a nomination by a Special Parliamentary Committee from among the three most senior Supreme Court judges, with a fixed term of three years.
Supporters of the amendment, including the ruling coalition led by Prime Minister Shehbaz Sharif, argue that these changes are necessary to curb judicial overreach and restore balance among the branches of government. They assert that past judicial decisions have undermined democratic processes, and this amendment seeks to reinforce parliamentary sovereignty.
However, the amendment has faced significant criticism from judicial circles and opposition parties. Critics contend that it undermines judicial independence by granting the legislature excessive influence over judicial appointments. The International Commission of Jurists described the amendment as a “blow to judicial independence,” expressing concern that it politicizes the judiciary and threatens the separation of powers.
Opposition parties, particularly the Pakistan Tehreek-e-Insaf (PTI), have labeled the amendment as an effort to weaken the judiciary. They argue that it allows the executive to exert undue influence over the judiciary, compromising its ability to act as a check on governmental power. The PTI criticized the amendment’s passage, calling it a “black day” in Pakistan’s constitutional history.
