26th Amendment ‘seriously’ undermines judicial independence: UN rights chief

The United Nations Human Rights chief Volker Turk has said he was “concerned” that the 26th constitutional amendment would “seriously undermine” the judiciary’s independence“.

The newly enacted 26th Constitutional Amendment has brought numerous changes pertaining to the judiciary — including taking away the Supreme Court’s suo motu powers and empowering parliamentarians to nominate the next chief justice of Pakistan from among the three most senior SC judges.

Turk was concerned that the “latest constitutional amendments — adopted hastily, without broad consultation and debate — will seriously undermine independence of the judiciary”, the UN Human Rights office said on X on Tuesday.

“Constitutional reforms must be in line with international human rights law,” the statement added.

On Monday, the International Commission of Jurists (ICJ) called the amendments a “blow” to the judiciary’s independence.

ICJ Secretary General Santiago Canton said: “They erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights.”

Following the passage of the much contested bill, PTI vowed to launch a decisive movement against the amendment across the country “without any fear of consequences”.

Lawyers and the Human Rights Commission of Pakistan have expressed the fear that the Amendment would bring the judiciary under the government’s control, and demanded its withdrawal.

Some of the major changes made to the Constitution include taking away the high courts’ suo motu powers, formation of constitutional benches, and performance evaluations of high court judges.

The Amendment also empowers the SC to transfer any case to itself, and includes a federal minister and a senior counsel in the process of appointing the Islamabad High Court top judge.

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