Hamdard Shura meeting on ’26th Constitutional Amendment: A Review’

KARACHI: The monthly meeting of Hamdard Shura Karachi, on the theme “26th Constitutional Amendment: A Review,” was recently held at the Hamdard Corporate Head Office. The event was attended by Sadia Rashid, President of Hamdard Foundation Pakistan, and chaired by Speaker General (Retd) Moinuddin Haider. Advocate Anwar Ahmad, a legal expert and Associate Dean of the Faculty of Law at Hamdard University, was invited as the guest speaker to explain the latest amendment in the national constitution, says a Press release.
General (Retd) Moinuddin Haider said: “The nation remained anxious until the passage of the 26th Constitutional Amendment. The honourable members of the assembly debated this amendment for several months. However, we as a nation must ask about the amendment’s actual benefit to the people. While it is said the amendment will speed up court cases, the nation’s immediate concern is the soaring electricity bills. Why must law-abiding citizens bear the cost of those who evade taxes?”
He also said: “Despite the pressing concerns such as ongoing terrorism in Balochistan, and the illegal construction of water hydrants in Karachi, where water is siphoned off from the official water board supply, and later sold to Karachiites on hefty rates, the government and parliament have focused their attention for months on passing this amendment.”
He stressed the importance of setting a maximum deferral period for judges to conclude cases, as justice delayed is justice denied.
Anwar Ahmed said: “The 26th Amendment does not directly impact the common man, as it primarily addresses the appointment of judges to the Supreme Court and High Courts. A significant provision under this amendment is the abolition of interest by 2028. A special committee, comprising 12 members – 8 from the assembly and 4 senators – has been established to oversee the process. This committee will select a Supreme Court judge from the three most senior judges. The amendment ensures appointments based on merit rather than seniority and increases the number of judges. The country currently faces a backlog of two million cases in its courts, with around 60,000 cases pending in the Supreme Court alone. Additionally, there is only one lawyer for every 5,000 to 6,000 people. Pakistan’s judiciary ranks 129th globally, calling it a matter of serious concern.”
Rizwan Ahmed said: “All amendments from the first to the 26th have failed to prioritize public interest. The 26th Amendment also appears to reflect mutual favoritism among institutions rather than addressing the nation’s real needs. Instead, meaningful steps should have been taken to make the justice system more efficient. A system could have been introduced to grant magisterial powers to local public representatives at the grassroots level. This would have enabled people to access swift justice directly at the tehsil level.”
Pervez Sadiq said: “Nations thrive by strengthening their key administrative systems and institutions. In Pakistan, the judiciary is an independent and empowered body. However, rather than reinforcing it, through the 26th Amendment, a passage has been opened to interfere in its operations. The judiciary’s infrastructure is outdated and in poor condition. Digitizing case records can significantly enhance the efficiency of the justice system. Additionally, the complainants should be facilitated through the integration of technology.”
Cdre. (Retd) Sadeed Anwar Malik said: “The 26th Amendment was passed by a majority vote, making any claims about hidden political party interests speculative rather than factual. Under this amendment, more judges will be appointed, and the Suo Motu power has been transferred from the Chief Justice to the Judicial Committee.”
Prof. Muhammad Rafi, Senator Abdul Haseeb Khan, Col (Retd) Mukhtar Ahmed Butt, Ibn-ul-Hassan Rizvi and Zafar Iqbal said: “The national curriculum does not include teaching law at any level, despite every citizen’s fundamental right to understand the principles of law, logic, and basic civil and state rights. Justice and fairness are essential for the nation’s development and progress. In Pakistan, 30 million children remain out of school, yet this issue seems to be ignored by the ruling class.”
“Laws are meant to maintain a balance between the powerful and the weak. It is crucial to acknowledge that the country’s justice system still requires significant reforms. There is no comprehensive mechanism to review judicial decisions for potential corruption. Through this amendment, we the citizens, were expecting that modern systems would be introduced to improve case hearings and evidence evaluation. Additionally, the prosecution system would be made more proactive and efficient.”