Jamaat-e-Islami Condemns 26th Constitutional Amendment

The Jamaat-e-Islami has strongly criticized the 26th Constitutional Amendment passed by Parliament, labeling it a “dark chapter” in Pakistan’s democracy and judiciary. JI Chief Hafiz Naeem ur Rehman expressed concerns that the amendment undermines the merit-based appointment of the Chief Justice of Pakistan, allowing parliament to make the selection.

Concerns Over Judicial Independence

Hafiz Naeem ur Rehman stated, “Regretfully, the grandson of Zulfikar Ali Bhutto damaged the spirit of the constitution”. He also highlighted that over half of the parliament members didn’t win their elections, questioning the legitimacy of the amendment’s passage.

Government’s Misconceptions

Former federal minister Fawad Chaudhry disagreed with the government’s intentions, saying the amendment won’t provide the desired control over the judiciary. “It’s their misunderstanding that they will control the judiciary,” Chaudhry noted.

Key Provisions of the Amendment

The 26th Constitutional Amendment introduces reforms:

• Appointment Process: Parliamentary committee to select the Chief Justice from a panel of three most senior judges.
• Tenure: Fixed three-year term for the Chief Justice.
• Constitutional Benches: Established at the Supreme Court with equal representation from all provinces.

Implementation

President Asif Ali Zardari signed the bill into law after its passage by both houses of parliament. The gazette notification has been issued, making the amendment part of Pakistan’s 1973 Constitution.

The Jamaat-e-Islami is considering challenging the amendment in the Supreme Court, citing concerns over judicial independence and the constitutionality of the reforms.

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