The 26th Constitutional Amendment, known as the “Judicial Package,” has been passed by Parliament, focusing on judicial reforms and expanding the legislature’s role in judicial appointments. The amendment to Article 175(A) enables the Parliamentary Committee to select the Chief Justice of Pakistan (CJP) from the three senior-most judges, replacing the previous practice of automatically appointing the most senior judge. Under this system, Justice Yahya Afridi, the third senior-most judge, has been nominated as the next CJP.
Additionally, the newly introduced Article 191(A) establishes constitutional benches of the Supreme Court to exercise suo motu powers under Article 184 and handle cases involving fundamental rights and advisory jurisdiction. Critics argue that this amendment compromises judicial independence by allowing the executive greater influence over judicial appointments, posing a serious threat to democracy. This move is seen as a setback to the 1973 Constitution and the Objectives Resolution, both of which emphasised the importance of judicial autonomy.
ABDUL RAFAY JAMALI,
Sindh.