In Pakistan, amendments are being made one after another in the Constitution. Recently another court was formed in the country. After this, the United Nations has now expressed concern over the constitutional amendment. The statement of the United Nations Human Rights Commission has come out. He says that the courts in the country are not independent, it is very worrying for the Army to have such powers. United Nations High Commissioner for Human Rights Volker Turk said that the constitutional amendments hastily adopted by Pakistan seriously weaken judicial independence.
Turk said these amendments also raise serious concerns about military accountability and the rule of law. The human rights chief said recent constitutional amendments, such as last year's 26th Amendment, which increased the tenure of the Chief Justice of Pakistan to a maximum of three years. Also, things like the new method of appointment were adopted without any extensive consultation and discussion with people from the legal community.
Turk warned that these amendments are against the principle of balance between different parts of power. This goes against the principle that strengthens the rule of law and ensures the protection of human rights in Pakistan.
After this, the 27th amendment was made in the country on 13 November. Under the changes adopted, a new Federal Constitutional Court (Federal Constitutional Court FCC) was created. This court will have jurisdiction over constitutional matters. After this, after the formation of this court, now the Supreme Court in the country will handle only civil and criminal cases.
The methods of appointment, promotion and transfer of judges have been changed in such a way that there is a great danger of weakening the independence of the judiciary of Pakistan. The first Chief Justice and the first group of judges of the FCC (Federal Constitutional Court) have already been appointed by the President on the advice of the Prime Minister.
Together, Turk said, these changes threaten to subject the judiciary to political interference and executive control. Neither the executive nor the legislature should be in a position to control or direct the judiciary.
He also said that the court should be protected from all kinds of political influences while giving decisions. One of the main principles of judicial independence is that the courts should be free from political interference by the government. If judges are not independent, experience shows that they struggle to apply the law equally and protect human rights in the face of political pressure.
The amendment also grants lifetime immunity to the President, Field Marshal, Marshal of the Air Force and Admiral of the Fleet from criminal prosecution and arrest. Such broad immunity undermines accountability, Turk said, while accountability is a core principle of democratic control over the military under a human rights framework and the rule of law.
Turk further said, I am concerned that these amendments could pose a threat to the principles of democracy and rule of law of the people of Pakistan. Together, these changes create the risk of political interference in court decisions and executive control, Turk said.
The 26th Constitutional Amendment of Pakistan, passed in October 2024, involved major changes in the structure and powers of the judiciary.
According to the 27th Amendment Act in Pakistan, now a new Federal Constitutional Court (FCC) will be created, which will hear cases related to the Constitution. At the same time, the old Supreme Court will now hear only general civil and criminal cases. That is, the authority on all major matters related to the Constitution has been given from the Supreme Court to the FCC.
