Lawyers Launch National Movement for Constitutional Referendum in Pakistan

In recent developments, the Lawyers' Action Committee has taken a significant step by announcing a national movement aimed at advocating for a referendum on the 26th Constitutional Amendment in Pakistan. This amendment has stirred considerable debate among legal professionals and the public alike, as it introduces changes to the selection process of the Chief Justice of Pakistan. The committee's decision reflects a growing concern regarding the implications of this amendment on the country's judicial system.

During a press briefing, Advocate Munir A. Malik, a prominent figure in the legal community, expressed the committee's commitment to understanding the sentiments of both the public and the legal fraternity. He stated, "We are discussing how the lawyers' movement will progress, whether it will be slow or fast." This highlights the committee's strategic approach to gauge public opinion before proceeding with their movement.

Malik's strong opposition to the 26th Amendment is rooted in his belief that it undermines the fundamental structure of the Constitution. He emphasized the importance of a national referendum, asserting, "If we don’t hold this referendum, we will never know what the people and lawyers want." This call for a referendum underscores the committee's desire for transparency and inclusivity in the decision-making process.

In addition to Malik's remarks, Ali Ahmed Kurd announced that Munir A. Malik has been elected as the chairman of the action committee. Kurd expressed enthusiasm for the movement's slogan, "We will not back down," which signifies the determination of the legal community to stand firm against what they perceive as unjust changes to the Constitution.

The 26th Constitutional Amendment introduces a new selection process for the Chief Justice of Pakistan, shifting from an automatic selection of the most senior judge to a system where the Chief Justice will be chosen from among three senior judges. This change aims to enhance the functionality of the judicial system and address pressing legal matters. A parliamentary committee, consisting of 12 members, will now play a crucial role in deciding the name of the Chief Justice, requiring a two-thirds majority for approval.

Moreover, the amendment stipulates that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice, which will include various legal and governmental representatives. This commission is tasked with overseeing the selection of judges and establishing the number of constitutional benches within the Supreme Court and High Courts.

One of the most controversial aspects of the amendment is the provision that no court, tribunal, or authority can challenge the advice sent to the President by the Prime Minister or Cabinet. This raises questions about the checks and balances within the judicial system and the potential for executive overreach.

As the Lawyers' Action Committee prepares to launch its movement, the legal community and the public await further developments. The outcome of this movement could have lasting implications for the judicial landscape in Pakistan. It is essential for citizens to stay informed and engaged in discussions surrounding constitutional amendments, as these changes directly impact the rule of law and the integrity of the judicial system. The call for a referendum not only seeks to reflect the will of the people but also emphasizes the importance of accountability and transparency in governance.