Illusion of Power

The article “Illusion of Power” by Maleeha Lodhi critically examines the recent 26th Constitutional Amendment in Pakistan, which grants the government authority to appoint the Chief Justice and establish judicial benches, reducing the independence of the judiciary. Lodhi argues that this move undermines the separation of powers, as well as the judiciary’s role as an independent entity, and may have severe repercussions on the rule of law and democratic institutions. Legal experts, civil society, and international bodies have condemned the amendment for its haste, secrecy, and potential to curb judicial autonomy. 

Overview 

The government, led by PML-N, quickly passed the 26th Amendment under the claim of “parliamentary supremacy,” aiming to exert control over the judiciary. This amendment allows a parliamentary committee with government majority to appoint the Chief Justice and form judicial benches, compromising judicial independence. Legal communities and international organizations, including the UN and the International Commission of Jurists, criticized the amendment for enabling excessive political influence over judicial appointments. Lodhi suggests that undermining democratic institutions in this manner could weaken the government in the long term rather than securing it. 

NOTES

This article highlights the importance of checks and balances, judicial independence, and the risks associated with political interference in state institutions. For CSS aspirants, it reinforces the understanding of separation of powers, the role of judiciary in democracy, and constitutional amendments’ implications. Lodhi’s analysis provides insights relevant for Current Affairs, Pakistan Affairs, and Law. 

Relevance to CSS Syllabus/Subjects 

• Current Affairs: Governance, judiciary reforms, and constitutional amendments.
• Pakistan Affairs: Role of judiciary, democracy, and political developments.
• Constitutional Law: Impact of constitutional amendments on judicial independence.

Notes for Beginners 

The article explores how the 26th Amendment, granting the government power over judicial appointments, limits judicial independence. This can weaken the judiciary’s ability to check the government’s power, which is essential in a democracy. Lodhi’s article is a reminder of the historical and ongoing struggles in Pakistan’s political landscape regarding the balance of power between institutions. 

Facts and Figures 

• The amendment passed with the required two-thirds majority in a few hours without prior debate.
• Legal organizations such as the Karachi Bar Association condemned the move as unconstitutional.
• International reactions included statements from the UN and the International Commission of Jurists, highlighting global concerns over the judiciary’s autonomy.

To sum up, The amendment has raised concerns about the future of judicial independence and democratic processes in Pakistan. Lodhi’s perspective reflects the critical need for strong institutions that can operate independently, free from political pressures. The article serves as a significant analysis for those studying governance, legal systems, and political stability, emphasizing that genuine power and governance rely on performance and legitimacy rather than control over institutions.

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