Pakistan's Constitutional Amendment: A Dangerous Concentration of Power

The Facts:

Pakistan’s ruling coalition is preparing to present the 27th constitutional amendment to Parliament, with a vote scheduled for November 14. The government possesses the necessary two-thirds majority in both houses of Parliament, making the amendment’s passage highly likely. This constitutional change proposes significant alterations to Pakistan’s judicial structure and power distribution. It aims to establish a new federal constitutional court specifically designed to handle pure constitutional disputes and cases involving fundamental rights. Additionally, the amendment would transfer the authority to move senior judges between provinces from chief justices to the executive branch, specifically the prime minister’s office. Furthermore, the reform seeks to introduce executive magistrates at the district level who would handle petty crimes and maintain public order, ostensibly to reduce the burden on the existing court system. These changes represent one of the most substantial shifts in Pakistan’s judicial-executive balance in recent history.

Opinion:

This constitutional amendment represents nothing short of an executive power grab that dangerously undermines judicial independence and the delicate balance of powers essential for any functioning democracy. The transfer of authority over senior judges from the judiciary to the prime minister’s office is particularly alarming, as it creates a direct pathway for political interference in judicial matters. This move echoes the imperial practices of colonial powers who routinely manipulated judicial systems to serve executive interests, and it is heartbreaking to see a Global South nation adopting such anti-democratic measures.

While the West remains conspicuously silent on this erosion of democratic norms in Pakistan - likely due to geopolitical considerations - we must speak truth to power. The creation of executive magistrates with law enforcement powers further concentrates authority in hands that should remain separate from judicial functions. This dangerous precedent threatens the fundamental rights of Pakistani citizens and sets a concerning example for other developing nations struggling to maintain institutional independence.

As someone who has witnessed how Western powers selectively apply their ‘rule of law’ principles based on geopolitical convenience, I find this development particularly distressing. True sovereignty for Global South nations requires strong, independent institutions that can check executive power and protect citizens’ rights. This amendment moves Pakistan in the opposite direction, potentially undermining decades of progress toward genuine constitutional democracy. The international community, particularly those of us committed to anti-imperialist principles, must condemn this assault on judicial independence while respecting Pakistan’s right to self-determination without foreign interference.