The Appointment Of the Chief Justice In Haste

Ishtiaq Ahmed

Bradford: The passage of Pakistan’s 26th Constitutional Amendment marks a significant shift in the country’s judicial system, sparking controversy over its potential impact on judicial independence.

The amendment grants Parliament the authority to establish a Special Parliamentary Committee to appoint the Chief Justice of the Supreme Court, replacing the traditional seniority-based system. It also allows the committee to limit the Chief Justice’s tenure to three years, centralising control over judicial appointments.

This amendment was passed during an extraordinary parliamentary session held on a public holiday, reflecting a sense of urgency and political manoeuvring. The session extended overnight, and the newly formed Parliamentary Committee quickly moved to appoint Yahya Afridi as the new Chief Justice.

Afridi’s appointment, which was decided by a two-thirds majority, replaced the customary practice of promoting the most senior judge to the position.

Read More:https://thepenpk.com/imran-khans-political-struggles/#google_vignette

Prime Minister Sharif defended the amendment, arguing that past judicial rulings had undermined democracy, including the dismissal of sitting prime ministers and the endorsement of military dictatorships.

He framed the change as a necessary reform to prevent the judiciary from disrupting the democratic process and weakening the role of Parliament.

However, critics of the amendment claim it is a politically motivated move designed to increase governmental control over the judiciary. They argue that this change compromises the independence and integrity of the Supreme Court, making it vulnerable to political interference and coercion.

The ability of Parliament to appoint the Chief Justice, they warn, could erode the judiciary’s ability to act as a check on political power.

The timing of the amendment is particularly significant, as current Chief Justice Qazi Faez Isa is set to retire on Friday. There have been concerns within the government that senior judges in line to succeed Isa have shown leniency towards Imran Khan, leader of the opposition Pakistan Tehreek-e-Insaf (PTI), in various legal cases.

Opponents see the amendment as an attempt to influence the judiciary’s future decisions, particularly in cases involving Khan.

This development could further escalate political tensions in Pakistan, where the judiciary has historically played a key role in balancing power among the military, political parties, and civil society. The move, they argue, threatens the impartiality of the judiciary and risks politicising the country’s highest court.

The new Chief Justice faces a daunting challenge, with the most critical being the need to restore public trust in the judiciary. Confidence in the justice system is at an all-time low, and concerns about its independence and integrity, particularly in the face of political interference, are widespread. Political coercion and corruption have become alarmingly common, particularly in high-stakes cases, further eroding faith in the system.

Read More: https://thepenpk.com/student-unrest-in-punjab/

One of his primary tasks will be to reaffirm the judiciary’s independence from political influence. His appointment is already viewed by many as politically motivated, and he is expected by some to protect the interests of those in power.

However, to rebuild credibility, he must demonstrate that the judiciary can function as an impartial check on the other branches of government, free from political pressures. This will be no small feat, given the widespread perception of corruption within the system.

Another significant challenge is improving access to justice for the average citizen. The legal system is often cumbersome, prohibitively expensive, and agonizingly slow, with cases sometimes taking years to reach a conclusion.

For many, accessing justice is not just a matter of cost but also of influence—those with political connections or wealth are often favored.

This inequality alienates ordinary citizens and perpetuates the notion that justice is reserved for the well-connected. Reforming these processes to make justice more affordable, efficient, and fair will be essential for rebuilding public trust.

The new Chief Justice’s ability to introduce reforms that streamline the legal process, speed up case resolutions, and ensure fairness across the board will be critical to his success.

His independence and integrity will be constantly tested, particularly in an environment where his appointment is seen by many as a political move. The pressure to prove himself as an impartial leader will be immense.

Ultimately, the Chief Justice’s legacy will depend on his ability to rise above the political challenges, combat corruption, and make meaningful reforms that restore public confidence in the judiciary.

His actions must demonstrate that the justice system is not only independent but also accessible and equitable for all, not just a privileged few. Only then can public trust in the judicial system be truly restored.

Is this a Political Interference or What?

The author is a British citizen of Pakistani origin with a keen interest in Pakistani and international affairs.

The article is the writer’s opinion, it may or may not adhere to the organization’s editorial policy.