ISLAMABAD – In a significant shift in the balance of power between Pakistan’s branches of government, the country’s parliament approved a constitutional amendment on Monday, allowing lawmakers to select the Chief Justice of the Supreme Court. This controversial move has been met with fierce opposition, with critics accusing the government of trying to undermine the independence of the judiciary.
The amendment, passed during an extraordinary parliamentary session held on a public holiday, grants a Special Parliamentary Committee the authority to nominate the Chief Justice from among the three most senior justices of the Supreme Court. This marks a departure from the previous system, where the second-most senior judge automatically assumed the role of Chief Justice upon the retirement of the incumbent.
Prime Minister Shehbaz Sharif, whose coalition government secured the necessary two-thirds parliamentary majority to pass the amendment, hailed the development as a victory for parliamentary supremacy. “It has been established that parliament is the highest authority,” Sharif remarked following the vote. The amendment represents the 26th change to Pakistan’s constitution, originally enacted in 1973.
For decades, political leaders in Pakistan have voiced concerns about what they perceive as judicial overreach, where the courts interfere in the affairs of governance. These tensions between the legislative and judicial branches have occasionally spilled over into public disputes. Sharif argued that previous court rulings had overstepped constitutional boundaries by leading to the dismissal of sitting prime ministers, endorsing military coups, and undermining both democracy and the legislative body.
The current Chief Justice, Qazi Faez Isa, is set to retire at the end of the week, intensifying concerns within the ruling coalition that certain high-ranking judges, particularly those perceived as favorable to jailed former Prime Minister Imran Khan, could ascend to the position. Analysts believe that the timing of the constitutional amendment is closely tied to these apprehensions.
Imran Khan, a former cricket star and political figurehead, has been imprisoned for over a year following his ouster from office in 2022. His removal and subsequent fallout with Pakistan’s military establishment have plunged the country into one of its most severe political crises in recent memory. Khan’s party, Pakistan Tehreek-e-Insaf (PTI), strongly condemned the amendment, describing it as a direct attack on judicial independence. Gohar Ali Khan, the PTI chairman, called the day of the amendment’s passing “a dark chapter in our constitutional history and a grave blow to the independence of the judiciary.”
The new procedure will also impact other procedural aspects of the judiciary, though the appointment of the Chief Justice has emerged as the most contentious issue. Previously, the retirement age for the Chief Justice was fixed at 65, and succession followed a predetermined seniority system, minimizing the influence of political considerations in judicial appointments.
The government’s decision to push the constitutional amendment through parliament during an all-night session on Sunday, despite the day being a public holiday, has further inflamed opposition accusations of political opportunism. Opposition lawmakers argue that the ruling coalition is attempting to tilt the judiciary in its favor at a time when Pakistan is already grappling with political instability and economic challenges.
The implications of the amendment are expected to reverberate through Pakistan’s political and judicial landscape, particularly as the country prepares for future elections and navigates its ongoing turmoil. While the government frames the changes as necessary for restoring the balance of power between parliament and the courts, critics warn that such moves could jeopardize the independence of one of the country’s key democratic institutions.
In the coming days, the country will watch closely as parliament exercises its new powers to select the next Chief Justice, a process that will likely be scrutinized for any signs of political interference. The opposition’s outcry signals that the debate over judicial independence and executive power is far from over in Pakistan.