The 26th Constitutional Amendment passed in October 2024, is a landmark legal reform that seeks to address several critical areas of governance and judicial structure. It introduces notable changes to Pakistan’s judicial system, economic policies, and environmental rights, aiming to align them with democratic principles and Islamic values. The amendment was presented during a time of political instability, highlighting a rare moment of consensus among political actors to push through crucial reforms. These changes are designed to bring more transparency to the judiciary, foster Islamic financial principles by eliminating interest (riba), and address growing concerns about environmental degradation.

The 26th Amendment has been met with both optimism and skepticism. Supporters believe it will bring long-needed reforms, while critics point out its potential pitfalls, especially regarding judicial independence and economic implementation. To fully understand the scope of this amendment, it is necessary to analyze the previous constitutional framework, the changes introduced, and their broader implications. The 26th Amendment introduces changes to several key articles of the Constitution, primarily focused on three areas: judicial reforms, economic policy, and environmental rights.

Prior to the 26th Amendment, Article 175A of the Constitution laid out the process for appointing judges to the Supreme Court. The appointment process was controlled by a Judicial Commission, headed by the Chief Justice of Pakistan. This commission, although seen as independent, often faced criticism for being influenced by internal judicial politics, with limited external oversight. Critics argued that the concentration of power in the hands of Chief Justice hindered the transparency of the appointment process. The 26th Amendment has introduced significant changes to Article 175A, creating a more inclusive and transparent process for judicial appointments. Under the revised article, a Special Parliamentary Committee now has the authority to appoint the Chief Justice of Pakistan. This committee, composed of members from both the National Assembly and Senate, ensures proportional representation from different political parties. The Chief Justice will now be selected from a panel of the three most senior judges of the Supreme Court, thus decentralizing the power previously held solely by the Chief Justice.

The Amendment also introduces a provision for the evaluation of judicial performance, a significant change designed to hold judges accountable. Under the revised Article 177, the appointment criteria for Supreme Court judges now require a candidate to have served as a High Court judge for at least five years or to have practiced for 15 years as an advocate in the higher courts. Another crucial change brought by the amendment concerns the economy, specifically the elimination of riba (interest). Before this amendment, Article 38 of the Constitution mandated the gradual elimination of riba, but there were no clear deadlines or concrete steps outlined for this transition. This allowed Pakistan’s economy to continue operating largely on an interest-based system, despite the country’s Islamic foundations. The 26th Amendment strengthens Article 38 by setting a definitive deadline for the complete elimination of interest-based transactions by January 1, 2028. This change has been lauded by religious parties and Islamic scholars as a significant step towards aligning Pakistan’s financial system with Islamic law. However, the amendment also raises concerns about how this shift will be implemented in an economy that is heavily integrated into global financial markets reliant on interest-based mechanisms.

In an unprecedented move, the 26th Amendment introduces Article 9A, which grants every Pakistani citizen the right to a clean and healthy environment. Previously, environmental protection in Pakistan was governed by a patchwork of laws and regulations that lacked constitutional backing. The inclusion of environmental rights in the Constitution is a response to growing environmental challenges, such as climate change, deforestation, and air pollution, which have increasingly threatened the country’s ecological balance. This new article reflects a progressive stance on environmental sustainability, providing a constitutional guarantee for future generations to demand government action in addressing environmental issues. While this change has been broadly welcomed, its actual implementation remains a significant challenge, given Pakistan’s limited resources and weak regulatory framework.

The amendments to these articles reflect the government’s intent to modernize Pakistan’s governance and judicial systems while staying true to Islamic values. However, the effectiveness of these changes depends heavily on how they are implemented in the coming years.The changes to judicial appointments are intended to make the proess more transparent and accountable, but they also raise the possibility of increased political influence over the judiciary. The involvement of a parliamentary committee in selecting the Chief Justice could lead to the judiciary becoming more politicized, especially if the process is dominated by the ruling party. The potential for partisan politics to influence judicial appointments may undermine judicial independence, a cornerstone of any functioning democracy. On the other hand, proponents of the reform argue that it democratizes the judiciary and introduces much-needed oversight.

The move to eliminate riba is a bold and ambitious step that resonates with Pakistan’s Islamic identity. However, this economic shift could prove challenging in practice. Pakistan’s banking sector, as well as its international trade relationships, are deeply entrenched in interest-based systems. The challenge for policymakers will be to transition the economy to an interest-free system without causing significant disruption to financial markets and foreign investment. A rushed implementation could lead to economic instability, especially if alternative financing mechanisms are not in place by the 2028 deadline. The introduction of environmental rights marks a progressive shift in Pakistan’s constitutional framework. It reflects a growing awareness of the global climate crisis and Pakistan’s vulnerability to environmental degradation. However, translating this constitutional right into tangible action will require significant investment in infrastructure, stricter environmental regulations, and a strong enforcement mechanism. The success of this amendment will depend on whether the government can prioritize environmental protection in the face of competing economic and development challenges.

The 26th Constitutional Amendment is a significant step forward in addressing some of Pakistan’s most pressing governance challenges. It reflects the government’s intent to create a more transparent judiciary, align the economy with Islamic principles, and safeguard environmental rights. These changes could strengthen Pakistan’s democratic institutions and bring the country closer to its ideological roots. However, the amendment also presents several risks. The judicial reforms, while intended to democratize the appointment process, may lead to increased political interference in the judiciary, undermining its independence. The elimination of riba, though a noble goal, could disrupt Pakistan’s financial sector if not managed carefully. Finally, while the inclusion of environmental rights in the Constitution is a welcome move, its success will depend on the government’s ability to enforce these protections in a country facing economic and developmental challenges. While the 26th Amendment represents a forward-thinking and ambitious set of reforms, its long-term success will hinge on the government’s ability to implement these changes effectively and manage the potential risks they bring.