The United Nations Human Rights chief, Volker Turk, expressed his concern over the newly enacted 26th Constitutional Amendment in Pakistan, stating that it would seriously undermine the judiciary’s independence.
The amendment includes changes such as removing the Supreme Court’s suo motu powers and allowing parliamentarians to nominate the next Chief Justice from the three most senior SC judges. The UN Human Rights office emphasized that these amendments were adopted hastily and without broad consultation, potentially violating international human rights law.
The International Commission of Jurists (ICJ) also criticized the amendments, describing them as a blow to the judiciary’s independence. ICJ Secretary General Santiago Canton stated that the changes would weaken the judiciary’s ability to act as a check against governmental excesses and protect human rights.
In response to the amendment, PTI announced plans to launch a nationwide movement against it. Lawyers and the Human Rights Commission of Pakistan have voiced concerns that the judiciary may come under government control and have called for the amendment’s withdrawal.
Major changes brought by the amendment include removing high courts’ suo motu powers, setting up constitutional benches, and introducing performance evaluations for high court judges. The SC now also has authority to transfer cases and includes a federal minister and senior counsel in appointing the Islamabad High Court top judge.