Out of the shadows and freed from backroom dealings, it is finally here. The Senate has passed the 26th Constitutional Amendment Bill 2024, with members voting in favour of all 22 clauses introduced by the government. This so-called constitutional package will soon be passed by the National Assembly and eventually enacted into law.
The government remained steadfast in its demand that this amendment be passed, and it finally managed to secure the necessary support to make it happen. Interestingly, Pakistan Tehreek-e-Insaf (PTI), the main opposition party that had previously resisted the constitutional amendment now agrees that it is not fundamentally opposed to the clauses but has chosen not to vote for it.
While it remains PTI’s decision whether to vote or not, its agreement in principle with the amendment highlights the effectiveness of the government’s consensus-building efforts. The focus now shifts to what this consensus aims to achieve. In the coming weeks and months, scholars and legal experts will undoubtedly spend considerable time scrutinising the details of the constitutional amendment.
For now, its most significant feature appears to be the expansion of the judicial commission. Previously led by the Chief Justice of Pakistan and advised only by the Prime Minister, the commission responsible for appointing superior judges will now include two senators and two MNAs, one from the opposition, as well as technocrats and representatives from marginalised communities. This wider representation will ensure that decisions on judicial appointments are made through broader consensus. Additionally, a performance evaluation system for provincial judges will be introduced, ensuring that they meet the standards set by the government. While any comprehensive change to the judiciary will naturally be met with scrutiny, it is clear that reform has been long overdue.
Among government institutions, Pakistan’s judiciary remains one of the most unchanged since colonial times, with judges still enjoying privileges such as government-appointed mansions and lengthy summer vacations. Instead of continuing with piecemeal policies to address these issues, it is time for a more comprehensive and effective reform. Ultimately, involving a wider group of people in the process of selecting judges—both the public and the government—can help ensure that the judiciary remains accountable and that judges recognise their responsibility to the people, rather than acting solely on personal whims.