The Struggle for Judicial Independence in Pakistan: How the Government Seeks to Reshape the Judiciary – Tahir Ahmed Khan

The push to weaken judicial independence is not a new phenomenon. Over the past few years, there have been numerous instances where the ruling elite, with military support, have tried to undermine the judiciary’s independence. From controversial judicial appointments to politically motivated trials, the government has consistently sought ways to tip the balance of power in its favour. This trend has eroded public trust in the judiciary and has raised concerns over the future of democratic governance in the country. During the previous caretaker government of PM Anwaar-ul-Haq Kakar, the Suo moto powers of the Chief Justice of Pakistan (CJP) were significantly restricted when former CJP Umar Ata Bandial had taken Suo moto on the custody of Former PM Imran Khan by National Accountability Bureau. This vital authority, which allows the CJP to take actions in the public interest, was clipped in an earlier amendment i.e. SC (Practice & Procedure) Act, 20231, signalling a systematic effort to reduce the judiciary’s autonomy. Suo moto powers have historically served as a check on government overreach, enabling the judiciary to respond swiftly to issues affecting the nation. By curbing these powers, the government has begun dismantling one of the judiciary’s most powerful tools to hold the executive accountable.

The legal community has strongly opposed the proposed constitutional amendments that threaten judicial independence, with the Lawyers Bar Association leading the charge. Notably, the Karachi Bar Association has signed a protest letter condemning the government’s actions, reflecting the growing alarm within the legal fraternity. Lawyers and judges across the country have united in boycotting these changes, recognizing the potential long-term damage to Pakistan’s judicial system. The protest letter emphasizes the critical role of an independent judiciary in preserving democratic values and warns that undermining this independence endangers the rule of law in the country.

What makes this situation even more precarious is the apparent alignment of the current government with military interests, like seen in SIFC through Green Pakistan Initiative. Few can forget the shocking killing of Nawab Akbar Bugti, a turning point in the Balochistan province’s history, symbolizing the brutal suppression of dissent with help of army. Equally haunting are the Missing Persons Cases, which gained widespread attention during the tenure of CJP Iftikhar Chaudhary, when countless Baloch families pleaded for justice, only to face the silence of an overwhelmed judiciary under pressure of military. And then there’s the Reko Diq Project, where Balochistan’s resources, instead of being a source of prosperity for the people, became a burden as the provincial government bore the brunt of misguided policies due to federal government pressure. The military, which has historically played a significant role in Pakistan’s political landscape, has often sought ways to influence the judiciary to ensure favourable outcomes for its agenda, Islamabad Judges’ letter to Supreme Judicial Committee regarding interference of ISI in not hidden to anybody. This alignment between the military and the government seems to have extended into the realm of judicial appointments and retirements, with the government favouring judges that align with their policies.

The proposed constitutional amendments pose a significant threat to judicial independence in Pakistan. By creating a Federal Constitutional Court at the apex level and fixing the tenure and retirement age of judges, the government, backed by military interests, is systematically weakening the judiciary’s ability to act as an independent check on executive power. If the government succeeds in passing these amendments, the judiciary may no longer be a bulwark against political interference, but rather a tool of the ruling elite, further destabilizing Pakistan’s fragile democracy. It is crucial that the people of Pakistan, along with the legal community, continue to resist these changes and safeguard the independence of their courts from political manipulation.