The Pakistani government has enacted significant constitutional amendments that will enable legislators to have greater influence in the appointment of the chief justice of the Supreme Court. This development is perceived as an attempt to diminish the power of the judiciary, which has previously shown favoritism towards the imprisoned former Prime Minister Imran Khan.

The passage of the 26th Constitutional Amendment Bill took place during an extensive overnight session in the National Assembly, culminating months of negotiations. This bill stipulates that the chief justice will now be chosen by a parliamentary committee and will serve a fixed term of three years.

The political landscape in Pakistan has soured since the general elections in February, which were marred by allegations of rigging. Tensions have escalated between the government and the judiciary, as multiple court rulings have favored Khan and his political party, the Pakistan Tehreek-e-Insaf (PTI).

The legislative change coincides with the impending retirement of Chief Justice Qazi Faez Isa, whose replacement under previous law would have been the next senior judge, Mansoor Ali Shah. Shah has been known for his rulings that are viewed as supportive of Khan and the PTI.

In addition to the chief justice’s appointment, new groups of senior judges are set to be established to exclusively address constitutional issues, an area that has been contentious between the government and the PTI in recent Supreme Court cases.

During the bill’s passage in the early hours of Monday, Prime Minister Shehbaz Sharif declared the day as historic, emphasizing the significance of reinforcing parliamentary supremacy. He remarked that the amendment exemplifies national unity and consensus, heralding a new era for the nation.

Sharif’s party, the Muslim League-Nawaz, managed to secure a two-thirds majority in favor of the amendment, receiving support from their traditional rival, the Pakistan People’s Party, as well as some dissenting members of the PTI.

Despite the government’s assertions of progress, PTI leaders have voiced strong opposition to the amendments, describing them as efforts to undermine an independent judiciary. Omar Ayub Khan, the PTI’s leader of the opposition in the National Assembly, criticized the amendments, arguing that they do not reflect the will of the Pakistani people and claiming that a government formed under alleged rigging lacks the legitimacy to alter the constitution.

(Left to right): PTI leaders Sher Afzal Marwat, Shehryar Afridi and Shandana Gulzar Khan.

Political analyst Bilal Gilani, who leads a prominent polling organization in Pakistan, noted that while the amendments may introduce some balance to judicial activism, they could also result in a judiciary more aligned with governmental interests. He cautioned that this could compromise the independence of the judicial system.

Editorial opinions in the local media have predicted that these changes could exacerbate tensions between different branches of government. The Dawn newspaper speculated that the amendments might provoke a new confrontation between the judiciary and the executive, given the longstanding conflicts and divisions within the state.

Earlier this year, the Supreme Court had ruled against the Election Commission of Pakistan for sidelining Khan’s party during the election campaign, asserting that this action violated the democratic process. The court also awarded the PTI additional non-elected seats allocated for women and religious minorities, effectively increasing their representation in parliament.

Moreover, the judiciary has played a crucial role in overturning some of Khan’s personal convictions and sentences. In a notable incident, six judges from the Pakistan High Court accused the national intelligence agency of exerting pressure and intimidation concerning politically sensitive cases.

Despite being imprisoned on what he claims are politically motivated charges, Khan continues to maintain considerable public support and remains a vocal critic of the establishment. His removal from office in a no-confidence vote in 2022 marked a significant turning point in Pakistan’s political dynamics, as analysts suggest that his relationship with the military soured during his tenure.

Khan’s opposition to military influence—a sensitive topic in a country historically dominated by military rule—has resulted in a severe backlash against him and his supporters, leading to widespread protests and unrest.

the recent constitutional amendments in Pakistan have sparked a heated debate about the balance of power between the government and the judiciary. As the political landscape continues to evolve, the implications of these changes remain to be seen, particularly in light of the ongoing controversies surrounding Imran Khan and his party. The situation underscores the complexities of governance and the rule of law in a nation striving for democratic stability amid significant challenges.