Pakistan's Constitutional Conundrum: Navigating the Lucid Implications of 26th Amendment

Abstract

This article depicts a critical review of the lucid implications of 26th Constitutional Amendment on Pakistan's democratic milieu, predominantly the institutional autonomy of the judiciary and rule of law. The amendment's alteration of the Judicial Commission of Pakistan (JCP) and the process of judicial selection ensued apprehensions of undermining the paramount principles of judicial autonomy and the separation of powers, prevalent in Pakistan's constitutional framework. This analysis elucidates the amendment's profound consequences for Pakistan’s democratic environment, global image, and human rights obligations, entailing the International Covenant on Civil and Political Rights (ICCPR). By explicating the intricate dynamics among the constitutional law, politics and governance, this article portrays a nuanced comprehension of the amendment's ramifications. Additionally, the article offers profound insights into the complexities of fortifying judicial independence, fostering democratic governance, and upholding the rule of law amidst Pakistan’s complex political and legal landscape.