Pakistan Parliament Passes Controversial Constitutional Amendments
In a significant political development, Pakistan’s Parliament has enacted a series of constitutional amendments aimed at fundamentally reshaping the process for appointing the country’s chief justice. This move has sparked criticism from various quarters, with opponents labeling it an attempt to rein in the Supreme Court, which has increasingly positioned itself as a formidable political entity and has challenged the authority of Pakistan’s influential military establishment.
The ruling party, the Pakistan Muslim League-Nawaz (PML-N), along with several allied groups, successfully secured the two-thirds majority necessary to amend the Constitution during a marathon session that extended into the early hours of Monday. Lawmakers from the ruling coalition delivered impassioned speeches condemning what they characterized as judicial overreach, asserting that the amendments would restore the authority of political leaders in Pakistan.
However, the Pakistan Tehreek-e-Insaf (P.T.I.), the party led by former Prime Minister Imran Khan, who is currently incarcerated on corruption charges that he vehemently denies, chose to boycott the vote. P.T.I. condemned the amendments as a transparent effort to undermine judicial autonomy. The Supreme Court has consistently issued rulings that counter the establishment’s attempts to marginalize Mr. Khan and his political party.
Political analysts indicate that these amendments, which received backing from the military establishment, reflect the ongoing power struggles that have engulfed Pakistan since Mr. Khan’s ouster in 2022. The newly enacted changes will transition the appointment process for the chief justice and other judges away from the traditional seniority-based approach, opening the door for potential political influences.
As a result of these amendments, judges perceived as loyal to Mr. Khan will be systematically excluded from consideration for the chief justice position. Furthermore, independent judges who have previously resisted the military’s aggressive tactics to sideline Mr. Khan and his party will also be eliminated from future appointments, according to analysts.
“It is a dark day for democracy,” stated Faisal Chaudhry, an Islamabad-based lawyer and member of Mr. Khan’s legal team. He expressed deep concern that the current judicial overreach is now being countered by a constraint on judicial independence.
Historically, the courts in Pakistan have often aligned with the military establishment, disqualifying elected prime ministers and numerous politicians who have fallen out of favor with the military leadership. Notably, the Supreme Court was responsible for the execution of the popular former Prime Minister Zulfikar Ali Bhutto in 1979.
Supporters of the recent judicial changes argue that they will serve to curtail such political interference. “The new constitutional amendments will help put an end to palace conspiracies aimed at ousting governments and removing prime ministers,” asserted Prime Minister Shehbaz Sharif during his address to Parliament.
Prior to the vote, the atmosphere in Islamabad was charged with tension and rapid political activity. Akhtar Mengal, the leader of the nationalist Baluchistan National Party, alleged that two of his party’s senators had been forcibly abducted and coerced into voting for the amendments. P.T.I. also claimed that several of its members were pressured by the military establishment to support the changes.
In response to these accusations, Mr. Sharif dismissed the concerns, proclaiming that the amendments heralded “a new dawn” for the political landscape of Pakistan.