26th Amendment and judicial balance
The British Empire spawned the three federations of Canada, Australia and India almost under similar laws enacted in 1867, 1901 and 1935 respectively. The Indian federation was partitioned in 1947…
Unpacking the 26th Amendment
Let me start by first clarifying that this piece is not an attack against the very genesis of the 26th Amendment (the amendment) to the constitution of the Islamic Republic…
Kashmir: The way forward
October 27, a day of solemn remembrance-looms large, primarily owing to the 1947 breach by Indian soldiers violating the territorial bounds of Kashmir, landing in Srinagar to illegally occupy the…
Seniority sidelined
The political history of Pakistan may well be written in terms of a tug-of-war between the judiciary and the executive, with each accusing the other of interference in its domain.…
Context and intentions
MOST critiques of the 26th Constitutional Amendment focus on its impact on judicial independence. Thankfully, some clauses related to the supposed sanctity of national security under Article 199 and the…
Illusion of power
THREE words said it all. “Judiciary’s wings clipped.” This was the banner headline in an English newspaper after adoption of the controversial 26th Constitutional Amendment. While the PML-N-led government and…
Unpacking the amendment
SUCCESSIVE governments and parliaments in Pakistan have appeared obsessed with constitutional amendments related to the judiciary, especially the superior judiciary. Our parliament has so far passed 23 constitutional amendments. Formally…
An inclusive judiciary
ACCORDING to media reports, a recent meeting of the Judicial Commission of Pakistan (JCP) was adjourned without finalising changes in its rules. This was because the law minister informed the…
Amendments past & present
THIS is not the first time that a package of multiple constitutional amendments is being contemplated. The package of amendments under the umbrella of the Eighth Amendment was passed by the National…
Constitutional amendments
CONSTITUTIONAL office holders, including superior court judges and legislators, swear an oath when assuming office. The oath requires them to act in accordance with the Constitution. Does this mean they…
