Activists of the All Pakistan Lawyers Action Committee, along with elected and former office bearers of Bar Associations and Bar Councils, address their concerns through letters to honorable Judges as staunch defenders of constitutionalism, the rule of law, and the independence of the judiciary. It is with grave concern that we raise the issue of the 26th Constitutional Amendment, which has profound implications for the judiciary’s autonomy and institutional integrity.
The impugned 26th Amendment, enacted under contentious and colorable circumstances, directly undermines the foundational principle of judicial independence enshrined in Articles 175(3), 177, and 193 of the Constitution of Pakistan, 1973. Specifically, the amendment’s provisions altering the composition and functioning of the Judicial Commission of Pakistan (JCP) represent a clear attempt by the executive to dominate the judiciary, contrary to the doctrine of separation of powers.
The constitutional vires of this amendment are presently under challenge in numerous petitions before the Supreme Court, raising critical questions about its validity. Proceeding with judicial appointments under the framework of the impugned amendment before resolving these constitutional challenges and risks:
- Nullifying such appointments if the amendment is eventually struck down.
- Causing significant embarrassment and uncertainty for the appointees and the judiciary as an institution.
- Undermining public confidence in the judiciary’s impartiality and independence.
They further urge the honorable judges to postpone all Judicial Commission of Pakistan meetings, particularly those concerning judicial appointments, until such time as the petitions challenging the 26th Amendment are conclusively decided. Proceeding with appointments while the constitutional challenges remain sub judice undermines the credibility of the judiciary and compromises its independence.
The judiciary stands as the final bastion of constitutionalism and the rule of law. At this critical juncture, we trust that the honorable judges will act decisively to protect the judiciary’s independence and integrity by:
- Constituting a Full Court Bench to hear the petitions against the 26th Amendment.
- Postponing all JCP meetings until the resolution of these petitions.
They said to the judiciary that Your collective wisdom and commitment to upholding constitutional principles will ensure that the judiciary remains a symbol of justice, impartiality, and independence. Needless to say it is the bounden duty of every judge to ‘preserve, protect and defend the Constitution.
