26th Amendment to the

Constitution of Pakistan

Passed in October 2024, Pakistan’s 26th Constitutional Amendment has triggered deep concern over the future of judicial independence and the rule of law. The amendment introduced major structural changes, including:

  • Limiting the Chief Justice’s term to three years

  • Changing the Judicial Commission’s composition to give politicians more influence in appointing judges

  • Empowering a parliamentary committee to choose the Chief Justice from among the top three senior judges

  • Removing the Supreme Court’s power to take suo motu action

  • Blocking judicial review of certain executive decisions

These sweeping changes were passed rapidly, without public consultation, and have raised alarm over transparency and democratic safeguards.

Stripping Judicial Independence

Domestic and International Condemnation

Legal experts, civil society organisations, and global watchdogs—such as the International Commission of Jurists (ICJ)—have condemned the amendment. They argue it undermines the separation of powers, weakens the independence of the judiciary, and invites political interference in court decisions.

Pakistan’s own bar associations have declared the amendment unconstitutional and launched nationwide protests, warning that it may trigger a full-blown constitutional crisis. The 26th Amendment is seen as part of a broader effort to centralise power and silence dissent.

Reports of Coercion and Intimidation

There are multiple are credible reports that members of parliament were coerced into supporting the amendment. Lawmakers—especially from the opposition Pakistan Tehreek-e-Insaf (PTI)—have reported being abducted, harassed, or threatened by state security agencies to compel their votes.

Rather than strengthening democratic institutions, the 26th Amendment is widely viewed as a tool to entrench authoritarian control, extend military and intelligence influence, and dismantle the independence of Pakistan’s judiciary.