JUDICIAL INDEPENDENCE IN PAKISTAN POST-26TH AMENDMENT: ASSESSING THE JUDICIAL COMMISSION’S ROLE

Abstract

This study explores the evolving dynamics of judicial independence in Pakistan, particularly in the wake of the 26th Constitutional Amendment—a reform that has generated considerable debate over its implications for the separation of powers. The research examines how this amendment has reshaped the structure and authority of the Judicial Commission of Pakistan (JCP), thereby influencing the judicial appointment process and the broader autonomy of the judiciary. Tracing the historical trajectory of judicial independence prior to the amendment, the study analyzes constitutional provisions and judicial precedents that previously defined the balance between the judiciary and the executive. Using a doctrinal methodology, the research reviews constitutional texts, landmark court rulings, and expert legal commentaries to compare the pre- and post-amendment frameworks. The findings reveal that the reconstituted JCP and the enhanced executive role in judicial appointments—alongside the introduction of constitutional benches and modifications in the appointment of the Chief Justice—have collectively tilted the balance toward political influence, raising concerns over the erosion of judicial independence. The study concludes that the future of judicial autonomy in Pakistan will hinge on how the courts interpret and navigate these constitutional changes.