Pakistan passes controversial 26th constitutional amendment

Early on 21 October, Pakistan pushed through constitutional amendments which gave parliament more power to appoint the country’s top judge. A parliamentary committee will now select the Supreme Court’s chief justice, who will have a fixed term of three years. The ruling coalition government lobbied for and attempted to pass the 26th constitutional amendment bill last month, but fell short of the numbers required as the opposition refused to back the bill. There has been criticism about the hurried passage and secrecy around the proposed amendments, with the opposition Pakistan Tehreek-e-Insaf (PTI) and lawyers claiming that the new constitutional package will weaken the Supreme Court and fragment its jurisdiction.

The new constitutional package is being seen as an attempt to sideline key judges who have issued rulings seen as favourable to former prime minister Imran Khan and the PTI. Analysts pointed out that the amendment was pushed through days before the retirement of Supreme Court Chief Justice Qazi Faez Isa. Under the previous law, Isa would have been replaced with senior judge Mansoor Ali Shah. Instead, a parliamentary panel has recommended Yahya Afridi, who is set to take oath to head Pakistan’s Supreme Court on Saturday (26 October). The ruling Pakistan Muslim League-Nawaz government has cracked down on the PTI and its supporters after being elected into power, including through detaining PTI leaders such as Imran Khan.