Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari has praised Chief Justice of Pakistan (CJP) Qazi Faez Isa, attributing the successful passage of the 26th Constitutional Amendment to his leadership. In a recent interview with BBC Urdu, Bilawal asserted that the amendment, which modifies the appointment procedure and tenure of the Chief Justice, would not have been feasible under any other chief justice.
The contentious legislation, supported by the Shehbaz Sharif-led government and its allies, including the PPP, was approved in both houses of parliament. This landmark amendment also establishes constitutional benches within the judiciary.
Bilawal addressed criticisms regarding the timing of the legislation, which some in the opposition labeled as “questionable” and “person-specific.” He remarked, “In the judicial history of Pakistan, there’s one man […] that has shown us that he’s willing to obey parliament even at the cost of his personal power.”
Reflecting on the dynamics during CJP Isa‘s tenure, the former foreign minister highlighted the opportunity that arose for the government while he was in power. “We did have a window because we have seen how other judges have moulded the Constitution whether it’s [Article] 63-A or the reserved seats case, to serve their personal interests,” he noted.
Bilawal pointed out that CJP Isa resisted pressure from fellow judges who may have sought to assert the judiciary’s power over legislative processes. “We had a chief justice who could withstand pressure from other judges also that may have tried to instigate him that ‘this is not a question about you, but about the power [of the judiciary],’” he stated.
When asked if he believed the government could have passed the amendments had Justice Mansoor Ali Shah, the senior-most judge, taken over as CJP, Bilawal expressed skepticism. He described the judgment regarding reserved seats as “orchestrated” to weaken parliamentary authority, asserting that the Article 63-A decision was not constitutionally sound.
Bilawal concluded by emphasizing that if such decisions had been implemented, passing any judicial reforms would have been significantly more challenging, regardless of who occupied the chief justice’s position.
This significant legislation marks a pivotal moment in Pakistan’s constitutional framework, aiming to enhance parliamentary authority and redefine the judiciary’s role.
