Towards a just system

The passage of the 26th Constitutional Amendment marks a pivotal moment in Pakistan’s journey toward greater democracy and political reform.

For decades, Pakistan’s judicial system has struggled under the weight of inefficiency and massive backlog of cases. Public frustration with the judiciary has stemmed from delays in legal proceedings and unequal access to justice. There was no concept of check and balance on the judges and merit was compromised. The 26th Amendment will make sure that judges focus on timely justice and their performance is evaluated by their judgments.

The amendment has introduced a series of reforms designed to address the inefficiencies and limitations of Pakistan’s judicial system. The prime among these was the creation of constitutional benches within the Supreme Court, a move that will have profound implications for the administration of the justice system in Pakistan.

The constitutional benches will handle constitutional matters, such as disputes between the federal and provincial governments, issues concerning the interpretation of the constitution, and matters related to the fundamental rights of citizens.

By establishing dedicated constitutional benches, the amendment aims to alleviate the burden on the Supreme Court, which has often been overwhelmed with a variety of cases, ranging from constitutional challenges to civil and criminal matters. The creation of constitutional benches ensures that constitutional questions can be resolved more quickly and efficiently, without delaying other judicial processes. Under the new amendment, the process of judicial appointments has become more rigorous, ensuring that appointments are based on merit, integrity, and capability.

Enhanced accountability measures are expected to curb practices that previously led to judicial partiality or conflicts of interest. By fostering transparency and reinforcing merit-based selections, the amendment ensures that only those committed to justice and fairness serve on the bench. This shift is expected to restore the public’s faith in the judiciary, as citizens will be more confident in the impartiality and fairness of judicial proceedings.

The Charter of Democracy (CoD), signed in 2006 by two of Pakistan’s major political leaders, Shaheed Mohtarma Benazir Bhutto and Nawaz Sharif, was a response to decades of authoritarian rule and political upheaval. The charter outlined an agenda for strengthening democracy, curbing judicial interference by external actors, and empowering Parliament. However, after two decades the unfinished agenda of CoD has been brought into reality by key political players. The deadlock was over when Bilawal Bhutto stepped in and convinced the JUI-F to agree on the amendment.

A key doctrine of the 26th Amendment is its aim to strengthen parliament by granting it a more decisive role in the judicial appointment process, thus creating a more balanced power structure between the judiciary and the legislature. Historically, judicial appointments and accountability have often bypassed parliamentary oversight, creating a power vacuum and undermining the separation of powers essential in a functional democracy.

Through the amendment, parliament is granted the capacity to question, review, and scrutinize judicial appointments. This legislative oversight serves as a check on the judiciary and prevents it from becoming an insular institution disconnected from the democratic aspirations of the people. With this increased role, parliament will have greater responsibility in upholding democratic principles and ensuring that the judiciary remains aligned with public interests.

Historically, Pakistan’s legislative landscape has often been marked by partisan rivalries, with major reforms stalled by a lack of consensus. However, almost all major political parties, acknowledging the long-term benefits of an impartial and accountable judiciary, united to support this amendment. The bipartisan nature of this reform signifies a shift toward collective national progress and commitment to democratic principles over individual or party interests.

This consensus-building is important not only for judicial reform but for fostering a political culture where cooperation supersedes conflict. In a country where democratic institutions are often fragile, such unity serves as a foundation for future reforms and a reminder that substantial progress is possible when leaders work together toward shared goals.

The 26th Amendment sets the groundwork for substantial improvements within Pakistan’s judicial system. First, the amendment strengthens checks and balances within the judiciary, which will help reduce instances of judicial overreach and ensure that judges act within the boundaries of their legal authority. Second, it addresses issues related to delays in judicial processes by implementing measures to improve efficiency and accountability.

An impartial judiciary is vital for Pakistan, where many cases – especially those concerning civil rights, political freedom, and constitutional rights – rely on the judiciary’s fair interpretation of the law. With the amendment’s focus on judicial reforms, Pakistan can expect a decrease in politically motivated decisions and an increase in cases resolved on legal merit alone. This will foster an environment where people feel protected and confident in the legal system, knowing that justice is dispensed fairly and equitably.

A judiciary that prioritises public interest over other considerations empowers citizens to exercise their rights and participate more actively in democratic processes. When people believe in the fairness and reliability of their country’s legal system, they are more likely to advocate for democratic values, hold their leaders accountable, and engage in positive change. This amendment can, therefore, be seen as an investment in Pakistan’s democratic future.

As Pakistan moves forward, the 26th Amendment will serve as a cornerstone for a fair, just, and democratic society – a legacy of progress and hope for generations to come.

The writer is a columnist and social activist. He tweets @MustafaBaloch_