KARACHI: The monthly meeting of Hamdard Shura Karachi on the topic “26th Constitutional Amendment: Review” was recently held at Hamdard’s head office. The event was attended by Sadiya Rasheed, Chairperson, Hamdard Foundation Pakistan, and presided over by Speaker of the House of Representatives (retd) Moinuddin Haider. Lawyer Anwar Ahmad, a legal expert and associate dean of Hamdard University College of Law, was invited as a guest speaker to explain the recent amendment to the national constitution, a press release said.
Major General (retired) Moinuddin Haider said: The nation remained anxious until the adoption of the 26th constitutional amendment. Honorable Council members have discussed this amendment for several months. However, we as a nation have to question the actual benefit of this amendment to the people. While the amendment is said to speed up court cases, the country’s immediate concern is rising electricity bills. Why should law-abiding citizens bear the cost of those who evade taxes?
He also said: “Despite pressing concerns such as ongoing terrorism in Balochistan, and the illegal construction of water taps in Karachi, where water is being drawn from the official water supply and later sold to Karachi residents at exorbitant prices, the government and Parliament have been focusing their attention for months on passing This amendment.”
He stressed the importance of setting a maximum period for judges to postpone deciding cases, as delaying justice is a denial of justice.
Anwar Ahmed said: “The 26th Amendment does not directly affect the common man, as it primarily deals with the appointment of judges to the Supreme Court and high courts. One important provision of this amendment is to eliminate the benefits by 2028. A special committee consisting of 12 members – 8 from the Assembly and 4 from the Senate – has been created to oversee the process. This committee will select a Supreme Court judge from among the three most senior judges. The amendment guarantees appointments based on merit, not seniority, and increases the number of judges. The country is currently facing a backlog of two million cases in its courts, with about 60,000 cases pending in the Supreme Court alone. In addition, there is only one lawyer for every 5,000 to 6,000 people. The Pakistani judiciary is ranked 129th globally, and describes it as a matter of great concern.
Radwan Ahmed said: “All amendments from the first to the twenty-sixth failed to give priority to the public interest.” The Twenty-Sixth Amendment also appears to reflect institutional favoritism rather than addressing the real needs of the nation. Instead, meaningful steps should have been taken to make the justice system more efficient. A system could have been introduced to grant judicial powers to representatives of the local public at the grassroots level. This would enable people to access speedy justice directly at the collection level.
Parvez Sadiq said: “Nations thrive by strengthening their key administrative systems and institutions. The judiciary in Pakistan is an independent body with powers. However, instead of strengthening it, through the Twenty-Sixth Amendment to the Constitution, a corridor was opened for interference in its operations. The judicial infrastructure is old and in poor condition. Digitization of case records can significantly enhance the efficiency of the justice system. In addition, filing complaints should be facilitated by integrating technology.
Leader. “The 26th Amendment was passed by a majority vote, making any claims about hidden partisan political interests speculative rather than factual,” said (Retd) Sadid Anwar Malik. Under this amendment, more judges will be appointed, and Su Moto’s authority will be transferred from the Chief Justice to the Judicial Commission.
Professor Muhammad Rafi, Senator Abdul Hasib Khan, Colonel (retd) Mukhtar Ahmed Butt, Ibn Hasan Rizvi and Zafar Iqbal said: “The national curriculum does not include teaching of law at any level, despite the fundamental right of every citizen to understand the law.” Principles of law, reason, civil rights, and fundamental state rights. Justice and fairness are essential for the development and progress of the nation. In Pakistan, 30 million children are still out of school, but the ruling class seems to ignore this issue.
“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 needs major reforms. There is no comprehensive mechanism to review judicial decisions regarding potential corruption. Through this amendment, we, the citizens, have We expect the introduction of modern systems to improve the hearing of cases and the evaluation of evidence. In addition, the prosecution system will be made more proactive and efficient.
