By Raza Ruman
The International Commission of Jurists (ICJ) enters the scene.
The ICJ lambasted the passage of the 26th Constitutional Amendment saying it is “blow to judicial independence”.
The 26th Amendment has taken away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years, and empowering the 12-member parliamentary committee to appoint the next CJP from among the three most senior SC judges.
The parliament approved 27 clauses of the judicial bill.
The ICJ says the amendment is “a blow to judicial independence, the rule of law, and human rights protection”.
ICJ Secretary General Santiago Canton said the changes brought an extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration.
“They erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights. The swiftness with which the bill became an act that draft amendments were kept secret, and there are no public consultations on the proposals before they were introduced in and passed by parliament. It is alarming a Constitutional Amendment of great significance and public interest was passed in such a secretive manner and in less than 24 hours.”
It says the core principle of the rule of law and the separation of powers according to which citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws was flagrantly violated in this case,” Canton said.
The ICJ further says the changes in the amendment “seriously undermine the independence of the judiciary by unduly subjecting it to executive and parliamentary control.
The Judicial Commission of Pakistan’s (JCP) composition, the ICJ said they would “allow for direct political influence over it and reduce the JCP’s judicial members to a minority”.
It said that giving the JCP the power to make constitutional benches would allow the body to create “tailored-made judicial benches to hear specific cases”, including cases of political significance. “As a result, there is serious concern that these JCP-appointed benches will not be independent and impartial,” it added.
Regarding the changes to the process for the chief justice of Pakistan’s appointment, the ICJ said the amendment provided no grounds or criteria on the basis of which a special parliamentary committee will nominate the top judge.
The ICJ has also criticised changes pertaining to the removal of inefficient judges, saying that the amendment neither defined inefficiency nor did it establish a threshold or criteria for inefficiency.
“The ICJ understands that some reforms to the existing judicial system may have been needed to make the courts more efficient and accountable, and the judicial appointment process more transparent and inclusive. But these amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers and the independence of the judiciary,” Canton said. PAK DESTINY
