Jury, Constitution, and the People: Pakistan under the Shadow of Amendments

The Ever-Contested Constitutional Landscape

Constitutional amendments in Pakistan have always sparked intense debate and political discourse. Following the 27th Constitutional Amendment, significant changes were introduced at both federal and provincial levels, including reforms in the judiciary, the powers of local governments, and the system of judicial appointments and transfers. These developments have once again ignited discussions about the country’s political and legal framework. Through this amendment, the Federal Constitutional Court was established, while the powers of the Supreme Court were curtailed. While these measures may appear to strengthen judicial independence in some respects, they also carry underlying complexities.

Impact on Local Governance and Judicial Autonomy

During the 27th Amendment, it was observed that the financial autonomy of local governments and the five-year electoral cycle faced disruptions, limiting the public’s ability to influence decisions on local matters. Changes in judges’ transfers and retirement powers have raised concerns about potential political pressure on the judiciary. Legal experts warn that governments might exploit these new powers to remove dissenting judges, thereby compromising judicial independence.

Establishment of the Federal Constitutional Court

The situation has become even clearer with the enactment of the 27th Amendment. With the establishment of the Federal Constitutional Court, the Supreme Court’s authority has been limited, and all constitutional matters now fall under the jurisdiction of the new court. Transfers and retirement conditions for High Court judges have increased the likelihood of internal judicial pressures. Additionally, amendments to Article 243 have introduced changes to the military structure, such as abolishing the post of Chairman Joint Chiefs and creating the position of Chief of Defence Forces.

Public and Islamic Perspective

Amidst these constitutional debates, the perspective of the public and Islamic principles cannot be ignored. Pakistan’s Constitution is fundamentally based on Islam, and no legislation should contradict the teachings of the Quran and Sunnah. No government official—including the President or Prime Minister—can claim immunity from judicial scrutiny; to do so would be un-Islamic. Historical examples from the life of the Prophet Muhammad ﷺ and his companions show the importance of accountability before the people.

Who Benefits from the Amendments?

A critical question arises: what do these amendments mean for the general public? Do they improve the everyday lives of citizens, or merely empower a select few? The public’s pressing needs are employment, electricity, water, healthcare, and a stable Pakistan. Yet, the 26th and 27th amendments appear to offer little for ordinary citizens. An amendment that provides no tangible benefits to the public risks being anti-people rather than pro-people. Citizens must discern who genuinely represents their interests.

Lack of Transparency and Political Accountability

During the passage of this amendment, not a single vote against it was recorded. A thorough debate spanning several days should have been held before approval. Similarly, the 26th Amendment was quietly approved late at night after behind-the-scenes meetings, without being discussed transparently in the assembly. Walking out or abstaining from voting effectively amounts to silent approval. Had there been genuine opposition, the public should have been engaged, and robust resistance mounted.

The Way Forward

Alongside constitutional amendments, it is crucial to focus on judicial independence, political transparency, and effective local governance. These are the foundational pillars that strengthen democracy and justice in the country. The ultimate goal of constitutional reforms should be to ensure that laws and justice are equitable, transparent, and accessible, enabling every citizen to enjoy fundamental rights and opportunities in life.