A CRITICAL ANALYSIS OF THE 26TH AMENDMENT TO THE CONSTITUTION OF PAKISTAN 1973 (2024): IMPLICATIONS FOR JUDICIAL INDEPENDENCE, PARLIAMENTARY OVERSIGHT AND FUNDAMENTAL RIGHTS

A B S T R A C T

This research paper analyzes critically the 26th Amendment passed on 20 October 2024 and added to the Constitution of Pakistan. It is a major change that considerably shift the constitutional scenery by reestablishing the functioning and structure of the judiciary providing parliament oversight and introducing new fundamental rights.

This study majorly focuses on the new enactment legal, departmental, and conventional consequences, especially for independence of judiciary and for the separation of powers. The important judicial changes amendment introduced include:

1.   The chief justice of Pakistan and the other judges will be appointed under a newly adopted system that include a judicial commission that now consists of both legislators and judiciary this may increase accountability and reduced executive control.

2.    A three years’ term limit for the Chief Justice of Pakistan.

3.   A restriction imposed on the CJP’s on Suo Motu power, whereas now they will require an approval from a panel consisting three- member known as three-member panel.

4.   The creation of constitutional benches in the High Courts and Supreme Court of Pakistan.

The amendment also makes significant socio-economic and environmental changes, including:

1.   The inclusion of Article 9A, which accepts the constitutional legitimate right to a clean and beneficial environment.

2.   A clear directive, through a change to Article 38(f), for the exclusion of interest (riba) from the economic system by 2028.

By using a qualitative research methodology with help of doctrinal legal analysis and thematic analysis opinions of expert, the research examines whether the enactments enhance accountability in democracy or compromises constitutional protections. This research spotlights a major tension between enhancing parliamentary power seen by supporters as a step toward accountability and the danger of executive political influence and excess in judicial appointments. moreover, this study signifies that while the new economic rights and environmental are theoretical powerful, their practical execution faces substantial regulatory and administrative barriers.