Pakistan's 27th Amendment: A Threat to Justice and the Rule of Law
The International Commission of Jurists (ICJ) has issued a stark warning about Pakistan's recent constitutional amendment, which poses a significant threat to the independence of the judiciary and the rule of law. The 27th Amendment, passed by Pakistan's Parliament, introduces sweeping changes to the judicial system, raising concerns about accountability and human rights.
A New Federal Constitutional Court with Unprecedented Powers
One of the most alarming aspects of the 27th Amendment is the establishment of a Federal Constitutional Court (FCC) with extensive powers. This court will have jurisdiction over disputes between provincial and federal governments and matters of public interest involving fundamental rights. It can also call for case records and make orders on substantial legal questions related to the interpretation of the Constitution.
The FCC's judgments will be binding on all courts, including the Supreme Court, marking a significant shift in the judiciary's structure. This amendment effectively transforms the Supreme Court into an appellate court for matters not involving constitutional interpretation.
Appointment Concerns and International Standards
The amendment's appointment process for the FCC's Chief Justice and judges is a cause for concern. The President, acting on the Prime Minister's advice, will appoint the CJ from serving Supreme Court judges. This process lacks transparency and criteria, as the amendment does not specify how appointments will be made or require reasons for them.
International standards emphasize the importance of an independent appointing body, free from executive control. However, the CJ of the FCC and senior judges will also be members of the Judicial Commission of Pakistan, raising questions about judicial independence.
Controversial Changes in Judicial Appointments
The 27th Amendment also introduces controversial changes to the Judicial Commission of Pakistan (JCP). It now includes the CJ of the FCC, CJ of the SC, and senior judges, with a joint nomination by the CJ of the FCC and SC. This composition allows for direct political influence, as the JCP's judicial members are a minority.
Judicial Transfers and Disciplinary Concerns
The amendment grants the JCP power to recommend judicial transfers, a significant departure from the previous system. Judges can now be transferred without their consent, and the President can decide their terms and conditions. This arbitrary system raises concerns about potential punitive or retaliatory transfers.
Immunities and Rule of Law
The 27th Amendment also grants lifetime immunity from criminal and civil proceedings to the President and certain military ranks, contradicting core rule of law principles. The ICJ expresses grave concern about the dismantling of the rule of law and the resulting human rights violations.
The ICJ urges all responsible officials to uphold the rule of law in implementing these amendments, emphasizing the importance of accountability and justice.
For more information, contact Santiago Canton, ICJ's Secretary-General: santiago.canton@icj.org
