The 27th Constitutional Amendment in Pakistan
The recent 27th Amendment passed by Pakistan's legislature, also known as the PCA, has profound implications for the country's constitutional order. While it is officially aimed at reconfiguring the military command structure, its effects extend deep into the judiciary's role within the constitution.
Implications of the PCA
- The PCA transfers original jurisdiction over constitutional interpretation and fundamental rights from the Supreme Court to the newly formed Federal Constitutional Court (FCC).
- This move sidelines the Supreme Court from adjudicating significant political cases and undermines its role as the guardian of the Constitution.
- By fragmenting constitutional adjudication, the amendment makes the judiciary vulnerable to executive influence, threatening judicial independence.
Regional and Historical Context
The PCA should be viewed within a broader regional context marked by political instability and institutional stress in South Asia. It echoes a historical pattern where constitutional changes have been used to consolidate power rather than promote democratic principles.
- In the past, similar shifts have led to the erosion of democratic institutions, seen in examples from inter-war Europe.
- The weakening of judicial independence and increased executive dominance serves as a cautionary lesson, especially for India, South Asia's largest constitutional democracy.
- The rule of law, as conceptualized by A.V. Dicey, emphasizes the importance of independent courts as checks on arbitrary power—a balance now threatened in Pakistan.
Consequences for Constitutional Democracy
- The creation of the FCC raises concerns about potential executive influence over its composition and functioning.
- This shift risks turning judicial review into an extension of executive power, undermining the principle that courts should remain independent from political power.
- Historical references, such as Sir Edward Coke's resistance to King James I, underscore the enduring importance of maintaining judicial independence.
Lessons for India and Beyond
- India must observe these developments not with a sense of rivalry but with a focus on preserving constitutional norms.
- This situation underscores the need for a continuous commitment to judicial independence and respect for institutional boundaries to ensure democratic renewal in the 21st century.
