Pakistan’s 26th Constitutional Amendment and Political Influence on Pakistan’s Judiciary
New York City Bar Association PodcastShow Notes
Salahuddin Ahmed, a constitutional lawyer and expert from Pakistan, visited the City Bar Middle East and North African Affairs Committee to discuss the 26th Amendment to the Constitution of Pakistan and its impact on the independence of the Supreme Court and the Rule of Law.
For a brief background on how the 26th Amendment attempts to subjugate the judiciary to the present regime in Pakistan, read the statement of the International Commission of Jurists: https://www.icj.org/pakistan-26th-constitutional-amendment-is-a-blow-to-the-independence-of-the-judiciary/
At least two Senators said in television interviews that they were compelled to vote for the Amendment after being kidnapped and having their family members kidnapped. The inducements and coercion adopted during the process were widely reported in Pakistani media and even raised in Parliament. For example, see: https://www.nation.com.pk/18-Oct-2024/senators-seek-end-to-coercion-to-get-vote-on-judicial-reforms
The preliminary problem with this legal challenge will be - who hears this petition? Will it be the Supreme Court as it existed prior to the Amendment or can it now only be the Constitutional Bench of the Supreme Court specially selected for this purpose by the post-Amendment Judicial Commission (which, post-Amendment, has a majority of political appointees and a minority of judges)?
The subsequent challenge is whether courts should ever be involved in determining the validity of constitutional amendments (even if clearly aimed at undermining democracy or the rule of law) or whether it must always be left to the political process? In the past, the judiciary in Pakistan, India and Bangladesh have declared they have the power to strike down constitutional amendments if Parliament attempts to subvert the democratic essence of the Constitution by eliminating fundamental rights or the independence of judiciary.
If you enjoyed this podcast, watch Hon. Athar Minallah, Justice of the Supreme Court of Pakistan, address the City Bar alongside City Bar President Muhammad U. Faridi, Kabir Hashmi of Patterson Belknap Webb & Tyler LLP, and special guest Hon. Rowan Wilson, Chief Judge of the State of New York. Justice Minallah spoke about the role of the judiciary in ensuring accountability and promotion of the rule of law, and the dangers of judicial overreach and activism. Video of the event is available here: https://www.nycbar.org/videos/the-independence-of-the-judiciary-and-rule-of-law-in-pakistan/?back=1&ref=media
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