The politics behind Pakistan's controversial judicial reform plan – The Diplomat

Media reports on the government's plans to initiate judicial reforms and constitutional amendments to fix the tenure of the Chief Justice of the Supreme Court have raised concerns in Pakistani opposition circles about the government's intentions.

The opposition Pakistan Tehreek-e-Insaf (PTI) party considers the Shehbaz Sharif government's plan to extend the tenure of current Chief Justice Qazi Faez Isa as a blatant attempt to undermine the integrity of the judiciary and to protect the “interests of the outgoing president”. government.” He claimed that the proposed amendments were developed “at the dictation of powerful people.”

The issue of judicial reforms appears to have become controversial even before it was considered in Parliament.

Minister of Law and Justice, Senator Azam Nazeer Tarars, said he “will not completely reject the proposals regarding [fixing] the tenure of the Chief Justice” suggests that the government is prepared to change the established constitutional rules governing the retirement of the Chief Justice.

There is no fixed tenure for the Chief Justice of Pakistan under current constitutional rules. Article 179 of the Constitution stipulates that judges of the Supreme Court retain their functions until the age of 65.

Thus, according to the rules in force, Isa, appointed in September 2023 and who must retire in October 2024, will only remain in office for a few more months.

If his term were extended, it would have significant implications for the internal affairs of the judiciary. This would have the effect of marginalizing or hindering the chances of other judges who were in the running to become chief justice in the coming years. It could also undermine the credibility of the Chief Justice and the Supreme Court, as the extension would be seen as a politically motivated decision.

This issue has raised questions about political interference in the independent functioning of Pakistan's judiciary. It should be noted, however, that the judiciary and judges have done more than the political establishment to undermine the credibility of the judiciary.

For example, Isa is considered quite sympathetic to the current ruling alliance led by Prime Minister Shehbaz Sharif. His predecessor, Chief Justice Umar Ata Bandial, was seen as more closely associated with the previous PTI administration.

Pakistani political parties prefer to have loyalists in key Supreme Court positions rather than judges who can effectively defend the constitution and deliver impartial judgments.

It is worth noting that the previous PTI government also sought to extend the retirement age of judges from 65 to 68 years, in order to retain judges favorable to their party. However, they were unable to pass the necessary legislation due to lack of a parliamentary majority.

Moreover, when the PTI was in power, it sought to impeach Justice Isa and filed a presidential appeal against him. Sharif retracted this reference in 2023, stating that his government had no intention of pursuing the issue any longer.

As the gap between the PTI and Isa widens over time, the current government may attempt to take advantage of it. There are indications that the government may attempt to amend the constitution to raise the retirement age of Supreme Court judges from 65 to 68 years.

This would allow the current chief justice to remain in office for an additional three years, potentially shielding the government from any legal challenges during that time.

It is unclear whether the PTI-led opposition will be able to prevent the government from changing the constitution, as this requires a two-thirds majority. At most, the PTI can attempt to stir up controversy by announcing protests or trying to gain support from lawyers and judges. Aside from rousing the party's support base, this issue will not benefit the party politically.

The PTI is currently not lacking in popularity. Rather, its main problem lies in its tumultuous relations with state institutions, particularly the military and part of the higher judiciary, which continue to undermine its political prospects.

An extended tenure for the current chief justice could allow him to shape the judiciary's approach to key issues. It is crucial that the government reconsiders this course of action and formulates a constitutional framework that ensures a smooth and predictable transition of power within the judiciary.

Maintaining the independence and impartiality of the courts is essential to maintaining the rule of law and safeguarding the rights and freedoms of all citizens.

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