A Critical Analysis of Judicial Structure of Pakistan’s Apex Court: Pre- and Post-26th Constitutional Amendment

Abstract

Since Pakistan’s independence in 1947, the Supreme Court has undergone significant constitutional transformations, shaped by numerous amendments aimed at realizing the true spirit of the Constitution and the will of the state. The Constitution of 1973 established core objectives of constitutional supremacy, separation of powers, judicial autonomy, and the protection of fundamental rights. Within this framework, the 26th Constitutional Amendment stands as a landmark reform with profound implications for the judiciary’s structure and role. This study critically analyzes the procedural, structural, and functional impacts of the amendment. Key changes include fixing the Chief Justice of Pakistan’s tenure at three years, restructuring the Judicial Commission of Pakistan and the Parliamentary Committee, and introducing controversial grounds for the removal of the Chief Justice. Proponents argue these reforms enhance transparency, democratize judicial governance, and limit the concentration of authority. Critics, however, contend that they erode judicial independence, politicize appointments, and dilute the principle of separation of powers. Employing doctrinal and comparative methodology, this research evaluates the amendment through the lenses of separation of powers, rule of law, and judicial independence, drawing parallels with similar reforms in Hungary and Poland. Findings suggest that while the amendment may increase parliamentary oversight and accountability, it simultaneously risks political manipulation and undermines judicial impartiality. Notably, curtailing the Supreme Court’s Suo-Motu powers under Article 184(3), once a vital tool to protect fundamental rights, further complicates the balance between judicial activism and legislative authority. The study concludes that reforms must be guided by principles of merit-based appointments, financial autonomy, and transparent removal mechanisms. Without such safeguards, the 26th Amendment threatens to reverse decades of progress in strengthening judicial independence. This research contributes to constitutional scholarship by underscoring the urgent need for reforms that reinforce, rather than compromise, Pakistan’s democratic governance and judicial credibility.