26th Amendment, why?

The editorial discusses the 26th Constitutional Amendment in Pakistan, highlighting its impact on the judiciary and governance. The amendment, introduced through a manipulated two-thirds majority, curtails the powers of the judiciary, particularly the Supreme Court. Key changes include the reduction of the Chief Justice’s tenure to three years and the Prime Minister’s power to appoint the next Chief Justice. The editorial critiques the rushed process behind the amendment and raises concerns about its implications for democracy, judicial independence, and fairness in governance.

Overview

The article sheds light on the controversial passage of the 26th Amendment, which alters Pakistan’s judicial system. The amendment has stripped the judiciary of certain powers, such as suo motu authority, and granted the Prime Minister the right to select the Chief Justice from the top three judges. Additionally, it replaces the proposed Federal Constitutional Court with a constitutional bench and limits the amendment to 22 clauses out of the initial 56. The article questions the need for such hurried changes and suggests that political motives may be at play, undermining judicial independence and the spirit of the Constitution.

NOTES

• Constitutional Law: The 26th Amendment directly relates to the functioning of Pakistan’s judiciary and the balance of power between government branches.
• Pakistan Affairs: The political dynamics behind the amendment and its implications on governance are crucial to understanding contemporary political affairs in Pakistan.
• Current Affairs: This amendment is a key event in Pakistan’s ongoing struggle between the judiciary and executive, with significant implications for democratic processes.

Relevant CSS Syllabus Topics

• Constitutional Law: Changes to judicial powers and the appointment of judges.
• Pakistan Affairs: Contemporary political events, constitutional amendments, and their effects on governance.
• Current Affairs: Recent developments in the judiciary-executive relationship.
• Political Science: The amendment’s impact on democracy, judicial independence, and governance.

Notes for Beginners with Examples

• Judicial Power: Refers to the authority of courts to interpret and apply laws. Example: The Supreme Court had suo motu power, meaning it could take up cases on its own without any party requesting it.
• Amendment: A change or addition to a legal document, like the constitution. Example: The 26th Amendment changed how the Chief Justice is appointed in Pakistan.

Facts and Figures

• The 26th Amendment limited itself to 22 clauses out of the initial 56 proposals.
• The tenure of the Chief Justice of Pakistan has been fixed at three years.
• The Prime Minister has gained the authority to appoint the Chief Justice from the top three senior judges.

To wrap up, The 26th Amendment is a landmark in Pakistan’s constitutional history, significantly impacting the country’s judiciary and governance. While it has been passed into law, the amendment has raised serious concerns about political overreach and the erosion of judicial independence. The rushed nature of its introduction and the secrecy surrounding its provisions call into question the future of democracy and fairness in Pakistan’s judicial system.

Difficult Words and Meaning