Impacts of 26th Constitutional Amendment on the Independence of Judiciary in Pakistan

Abstract

The most controversial 26^th constitutional amendment which changed the process of appointment of the judges of the Higher Judiciary and their powers, badly impacted democracy and rule of law in Pakistan. Justice is only available in a country, where the judiciary works independently and speedily without any pressure from any branch and institution of a state. The chief objective for the selection of this research is to discuss the limitations imposed on the independence of judiciary in Pakistan under the 26^th constitutional amendment. This article also highlights the procedure of appointment of judges and their powers which erode the role of judiciary for the protection of human rights since the amendment. Being guardian of the constitution, the power of the higher judiciary has been taken by executive branch of government by limiting judicial role, indirectly influence it through appointment mechanism. This study employs qualitative research design and analyses the provisions of the amendment which destabilized the higher judiciary in Pakistan.