UN and ICJ Raise Alarm on Pakistan's Constitutional Amendment

The United Nations and the International Court of Justice have expressed concerns over Pakistan's 26th Constitutional Amendment, citing threats to judicial independence. Massive protests have erupted, with critics arguing it undermines judiciary power. Pakistan's Prime Minister seeks political backing amid growing opposition from human rights bodies.

The United Nations Human Rights chief, Volker Turk, has voiced significant concerns regarding Pakistan's 26th Constitutional Amendment, which he claims will gravely jeopardize judicial independence. Posting on platform X, the UN Human Rights office warned that these amendments diminish the judiciary's autonomy, due to their rapid adoption without extensive consultation and discussion, thus conflicting with international human rights standards.

The International Court of Justice (ICJ) has mirrored these concerns, labeling the amendment a severe setback for judicial freedom, human rights, and the rule of law. ICJ Secretary General Santiago Canton emphasized that this legislative change undermines the judiciary's role in checking governmental excesses and safeguarding human rights.

Further opposition comes from lawyers and the Human Rights Commission of Pakistan (HRCP), who urge the annulment of the amendment, as reported by Dawn. Meanwhile, Pakistan's Prime Minister, Shehbaz Sharif, is actively rallying support from political leaders, including Fazlur Rehman and Bilawal Bhutto, to sustain the amendment amidst growing dissent.

In Pakistan, widespread protests have erupted against the amendment, perceived to strip the judiciary of its authority, especially concerning the Supreme Court's suo motu powers. The legislation, formally known as the Constitution (26th Amendment) Act, 2024, delineates a fixed term of three years for the Chief Justice and grants the prime minister the power to select the Chief Justice from the top three senior judges of the Supreme Court.

Passed with a two-thirds majority in both the Senate and the National Assembly, the amendment also mandates the establishment of constitutional benches and high court judges' performance evaluations. The global legal fraternity now watches closely as the ramifications unfold.

(With inputs from agencies.)