‘Potential of 26th Amendment depends on transparency, institutional unity’

Islamabad : The 26th Amendment to the Constitution has the potential to address longstanding challenges, provided that transparency, inclusivity, and institutional harmony are prioritised, say legal practitioners and scholars.

During a dialogue here, they said that while there was a critical balance between judicial independence and parliamentary oversight, it was essential to critically evaluate the amendment to ensure the development of law, constitutional principles, and effective justice delivery.

The event, titled “The 26th Amendment of the Constitution of Pakistan: Significance and Impact,” was organised by the Institute of Policy Studies, with Supreme Court lawyer Ahmer Bilal Soofi in the chair.

IPS chairman Khalid Rahman emphasised that debate was inevitable in constitutional developments. He cautioned against expediting the enactment process of amendments and said urged proper parliamentary debate and public consultation should be prioritised.

"There is a need for a comprehensive evaluation of the amendment’s positive and negative aspects to inform future legislative improvements and ensure that reforms are both effective and balanced," he said.

Presenting an overview of the 26th Amendment, law ministry representative Jam Muhammad Aslam emphasised that due deliberations preceded the passing of the 26th Amendment to introduce changes in the legislative scheme.

Key provisions included the establishment of special constitutional benches in the Supreme Court and high courts and restructuring of the chief justice’s appointment process. Furthermore, the amendment introduced performance evaluations for high court judges, reduced the age limit for high court judges’ appointments to 40 years, and allowed Federal Shariat Court judges to ascend to the Supreme Court.

Supreme Court lawyer Syed Ahmad Hassan Shah highlighted the ongoing debate surrounding the amendment and emphasised that the formation of constitutional benches remains a contentious and evolving phenomenon in Pakistan’s judicial landscape.