ICJ calls 26th Amendment a blow to judicial independence

KARACHI: International human rights NGO International Commission of Jurists (ICJ) called the 26th Amendment a blow to the independence of the judiciary in a statement released on Monday (October 21).

Posted on its website and shared also by the organisation’s X (Twitter) page, the statement said that the amendment harmed judicial independence, rule of law, and human rights protection.

Santiago Canton, the organisation’s secretary general, said that the amendments “bring an extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration”. Saying that the amendments “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”, he also pointed to how the amendment was passed in “such a secretive manner”.

In this situation, said Canton, the principles of rule of law and separation of powers were “flagrantly violated”. Conceding that “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”, Canton warned that the 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”.

According to the statement by the ICJ, the organisation was “particularly concerned” about a few changes specified in the amendments. First, said the ICJ, the amendment changing the composition of the Judicial Commission of Pakistan (JCP) has reduced the judicial members to a minority, which it says allows for more political influence in the JCP’s decisions.

Second, the ICJ is also concerned that the constitutional benches could be biased or politically influenced. It is also concerned about judicial independence in light of the amendment transferring high courts’ writ jurisdiction to constitutional benches.

The amendment has also changed the process for appointing the chief justice of Pakistan (CJP) but the ICJ said that it does not specify any criteria for this selection; the statement also pointed out that the SPC’s meetings would be held in secret.

Fourth, the ICJ said that the amendment’s expansion of the grounds for removing judges for ‘inefficiency’ leads it to be concerned about arbitrary or subjective interpretations.The ICJ said that the 26th Amendment also “directly violates Article 14 of the International Covenant on Civil and Political Rights (ICCPR)”.