On Tuesday, prominent legal figures from Pakistan’s bar associations vowed to resist the 26th Constitutional Amendment, which they termed an “unconstitutional move” aimed at controlling the judiciary. At a press conference held at the Karachi Press Club, former Supreme Court Bar Association (SCBA) President Munir A Malik, Sindh Bar Council (SBC) Vice Chairman Kashif Hanif, Karachi Bar Association (KBA) President Amir Nawaz Warraich, SBC member Syed Haider Imam Rizvi, and Sindh High Court Bar Association (SHCBA) Vice President Zubair Abro condemned the amendment and expressed their commitment to fighting it in both the courts and on the streets.
Munir A Malik raised concerns about the new system for transferring constitutional matters to specialized benches and questioned its effectiveness in reducing the case backlog. He noted that while the legal community had never opposed judicial reforms, the new amendments infringe on the judiciary’s autonomy by placing appointments under the control of external bodies, marking a dangerous regression. Malik emphasized that the judiciary’s independence, particularly in the appointment of judges, was crucial for democracy and warned that the current amendment would have long-lasting repercussions.
He further stressed that the bar associations had always championed merit-based appointments and judicial accountability. However, the new amendment, which changes the appointment process of high court judges to the Supreme Court, undermines this principle by giving undue influence to external actors. Malik warned that this change would “strangle” the judiciary and urged the legal fraternity to stand united against it.
KBA President Amir Nawaz Warraich echoed these concerns, criticizing the government for interfering in judicial matters and accusing political parties of passing the amendment in secret. He pledged that the bar would lead nationwide protests until the amendment was withdrawn, as it jeopardizes the independence of the judiciary.
SBC Vice Chairman Kashif Hanif added that parliament had overstepped its jurisdiction by altering the process for appointing judges and creating new forums to dismiss superior court judges. He, too, called for resistance against the amendment.
Other speakers, including Syed Haider Imam Rizvi and Zubair Abro, pointed out the hasty manner in which the amendment was passed, alleging that it was done by “hijacking” independent senators and lawmakers. Abro noted that the SHCBA would fight every unconstitutional act in court to preserve the Constitution’s integrity.
The legal community now looks to the National Action Committee, which is expected to announce a formal strategy in the coming days for resisting the 26th Amendment.
