The 26th Amendment, its Future Impact on Pakistan’s Legal and Political Framework: A Critical Analysis

Abstract

The enactment of 26^th Constitutional Amendment has laid the foundation of controversy in Pakistan, raising the consequential concerns about Judicial independence and its impacts on the balance of power. The amendment introduced in the controversial circumstances, has badly damaged the basic structure of the Constitution of Pakistan, 1973 and the principles of seniority for the appointment of Chief Justice of Pakistan, leading to the allegation on the Executive overriding authority and political interference in Judicial affairs. The amendment was passed very quickly and without transparency, it has been criticized for violating Constitutional principles and separation of powers. This work thoroughly analyzes the provisions of Amendment, emphasizing its potential impacts on the autonomy of Judiciary and the functioning of democratic institutions. Additionally, the analysis compares the consequences of Amendment with the International standards and proposes the reforms to protect the democratic foundation of Pakistan. The main purpose of this Article is to provide a deep and extensive understanding of the impacts of this Amendment on Pakistan’s Legal and Political framework.