The judiciary is often seen as democracy’s foundation, embodying fairness, reasonableness, and law and order. As renowned English legal scholar Lord Denning once said, “The law is a shield, not a sword.” This highlights the judiciary’s role in safeguarding citizens’ rights against potential abuses of power by the state. When judicial independence is compromised, often due to political influence, the very fabric of democracy is at risk. A weakened judiciary leads to arbitrary governance, erosion of civil rights, and loss of public confidence in legal institutions. The 26th Amendment to Pakistan’s Constitution has raised significant concerns about the future of democracy.

The amendment restructured the Judicial Commission of Pakistan, granting the executive more influence over judicial appointments and constitutional benches. This could lead to a sharp increase in politically motivated appointments, diminishing merit-based selections. Global organisations like the International Commission of Jurists (ICJ), Amnesty International, and the European Union have voiced concerns, stressing that these changes undermine the judiciary’s role in checking executive power — crucial for democracy and human rights protection. The ICJ criticised the amendment for violating international legal standards, calling it a direct attack on judicial independence, while Amnesty warned of politically motivated trials, cautioning that the “writing is on the wall” for impartial justice in Pakistan.

Comparisons to Hungary and Poland, where similar judicial reforms have occurred, highlight the threat to democratic integrity. As the English saying goes, “You can’t put the toothpaste back in the tube”; once judicial independence is compromised, it is challenging to restore. To uphold the rule of law, global organisations urge Pakistan to reconsider these changes and restore judicial autonomy.

SYED TAHIR RASHDI,

Sindh.