UN Human Rights watchdog concerned over ‘hastily adopted' 26th Amendment

• Amendments adopted without "broad consultation, debate": Turk.
• "Constitutional reforms must be in line with int’l human rights law."
• Constitutional tweaks empower parliament to pick chief justice.

United Nations Human Rights chief Volker Turk has voiced concern over the newly enacted 26th Constitutional Amendment, saying it was “adopted hastily and without broad consultation and debate”.

The ruling coalition, after weeks of political manoeuvrings and deliberations, finally managed to pass the contentious 26th Constitutional Amendment bill, empowering the country’s parliament to pick the next Chief Justice of Pakistan (CJP) from among the three most senior Supreme Court judges.

In a post on X (formerly Twitter), Turk said that “hastily adopted” amendments will “seriously undermine the independence of the judiciary”.

“Constitutional reforms must be in line with international human rights law,” the statement added.

The passage of the contentious package drew strong criticism from the opposition and lawyers community, with Pakistan Tehreek-e-Insaf (PTI) vowing to launch a protest movement across the country.

The Human Rights Commission of Pakistan (HRCP) has also expressed strong reservations over certain aspects of the amendments.

The amendments brought numerous changes to the country’s judicial system, including taking away suo motu powers, formation of constitutional benches, and performance evaluations of high court judges.

In light of the fresh amendments, a Special Parliamentary Committee nominated Justice Yahya Afridi as the next chief justice of Pakistan (CJP).

After nomination, President Asif Ali Zardari appointed Justice Afridi under clause 3 of Article 175A read with Articles 177 and 179 of the Constitution, according to a notification issued by the Ministry of Law and Justice today.

It stated that the president was pleased to appoint Justice Afridi as the next chief justice “for a term of three years with effect from” October 26.

Highlights of the bill

• Chief Justice of Pakistan's (CJP) tenure fixed at three years.
• Constitutional benches to be established at the SC and high courts.
• Senior-most judge of each bench to serve as presiding officer.
• Parliamentary committee to nominate new CJP from panel of three most senior judges.
• Committee to propose name to PM, who will then forward it to president for final approval.
• JCP, led by CJP and three others, responsible for appointment of SC judges.
• JCP to monitor judges’ performance, report any concerns to Supreme Judicial Council.
• Complete eradication of Riba (interest) from country by January 1, 2028.