By| Kamran Ashraf Bhat
Islamabad – In a dramatic assault on Pakistan’s judiciary, the National Assembly passed a deeply controversial constitutional amendment early Monday morning, capping the Chief Justice’s term at three years. The bill’s passage came after an intense overnight session, with 225 lawmakers voting in favor—only one vote above the required two-thirds majority of 224. The vote, steeped in controversy and allegations of coercion, has drawn fierce criticism from opposition parties and legal experts, who see it as the latest power grab by the Pakistani government and military to tighten their grip on the judiciary.
The Senate had passed the bill a day earlier with a decisive 65-4 vote, securing the two-thirds majority required in the upper house. With the bill now cleared in both houses, it will be sent to President Arif Alvi for final approval under Article 75 of the Constitution. The amendment establishes a 12-member commission responsible for appointing the Chief Justice, who will serve a maximum term of three years. The commission, widely seen as stacked with government loyalists, includes four senior-most Supreme Court judges, two members of the National Assembly, and two senators—one from each house’s opposition, but with significant government influence over appointments.
Allegations of Coercion and Manipulation
Pakistan Tehreek-e-Insaf (PTI) Senator Ali Zafar delivered a scathing rebuke of the government’s tactics, accusing it of using fear and coercion to secure the necessary votes. Zafar alleged that lawmakers had been threatened with abduction or other consequences if they did not fall in line and support the amendment. “This is not just a violation of the law, but a violation of morality,” Zafar told the Senate, denouncing the government’s strong-arm tactics. His remarks painted a disturbing picture of a government willing to use brute force to push through its agenda, eroding the credibility of Pakistan’s democratic process.
Zafar went further, warning that the PTI’s senators had abstained out of fear for their safety, and urged the Senate chairman not to count any votes from his party if they were forced to participate under duress. Despite these objections, the bill sailed through, with support from key government allies, including members of the Jamiat Ulema-e-Islam-Fazl (JUI-F) and the Balochistan National Party-Mengal (BNP-M), whose lawmakers defied their party’s instructions to abstain.
The Move Toward Judicial Subordination
Critics argue that this amendment represents a calculated bid by the government and military to subordinate Pakistan’s judiciary, historically one of the few institutions willing to challenge the state’s excesses. Under the new law, the Chief Justice, who was previously appointed based on seniority and served until retirement, will now be selected by the 12-member commission for a fixed term. This will effectively allow the government to rotate through more pliant judges who align with its interests.
The amendment was fast-tracked through the legislature with shocking speed. After being approved by the Cabinet on Sunday during a meeting chaired by Prime Minister Shehbaz Sharif, the bill was immediately pushed through the National Assembly. Sharif’s office later issued a statement justifying the amendment as a measure taken “in the wider interest of the country” and as part of a commitment to “national development and public welfare.” But opposition leaders and independent analysts see it as a naked attempt to undermine judicial independence and extend the government’s influence over the courts.
The ruling coalition led by the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan People’s Party (PPP), with Bilawal Bhutto-Zardari playing a key role, was determined to push the bill through despite opposition from PTI and others. Bhutto-Zardari, who had been instrumental in rallying support for the amendment, declared that the government had “waited long enough” and was ready to pass the bill “under any circumstance.” His remarks highlighted the ruling elite’s determination to push the bill through, even at the cost of democratic norms.
Opposition Boycott and Growing Backlash
The PTI, which had initially participated in discussions over the bill, ultimately boycotted the vote, citing concerns over its implications for judicial independence. PTI Chairman Imran Khan had instructed his party to abstain from voting, with party spokesperson Barrister Gohar Ali Khan confirming that the PTI had “no objections” to the final draft but felt the bill required further consultations due to its far-reaching consequences. Despite this, the PTI senators’ absence from the vote fueled accusations of coercion and fear tactics.
Meanwhile, Pakistan’s legal community has voiced grave concerns over the amendment, warning that it could destroy the judiciary’s ability to function independently. Many fear that the new commission’s makeup will allow the government to manipulate judicial appointments, particularly with members of the ruling coalition embedded in the selection process.
A Dark Chapter for Pakistan’s Democracy
This move marks a dangerous turning point for Pakistan, where the military has long been accused of exerting behind-the-scenes control over civilian governments. The judiciary, which has occasionally acted as a check on government and military power, now faces the prospect of becoming a toothless institution under the new regime. Critics argue that this amendment is yet another step toward authoritarianism, with the government increasingly sidelining any opposition or dissent.
Law Minister Azam Nazeer Tarar, who presented the bill in the Senate, attempted to justify the legislation by stating that it would improve the speed and efficiency of justice. He argued that before the 18th Amendment, judges were appointed directly by the President, and the new commission would create a more “transparent” process. However, few are convinced by this rhetoric, given the government’s overt control over the new commission’s makeup.
Pakistan has long grappled with the tension between democratic governance and military dominance. This latest maneuver appears to solidify the government’s control over the judiciary, paving the way for unchecked executive power. The bill now awaits President Arif Alvi’s signature, but many believe the damage to Pakistan’s democratic institutions is already done.
As Pakistan lurches further into autocracy, the passage of this bill casts a long shadow over the country’s future. With an increasingly complicit judiciary, a government that uses fear and coercion to achieve its ends, and the military continuing to pull the strings behind the scenes, Pakistan’s democratic backsliding seems all but complete.
Kamran Ashraf Bhat is the Chief Executive Officer and Director of News at The Spotlight, where he oversees reporting on political, geopolitical, environmental, and humanitarian matters. In addition, he heads The Spotlight’s Investigative Unit, dedicated to conducting rigorous investigative journalism.
