It is an irrefutable reality that the Twenty-Sixth Constitutional Amendment was not enacted with a noble purpose. It was conceived through backdoor deals and remains controversial. Its objective was simple: to tame the superior judiciary and subordinate it to the diktat of the executive branch of the state.

As expected, post-26th Amendment we are now confronted with myriad judicial crises, and among them the most complicated is the emergence of the “Constitutional Bench” of the Supreme Court of Pakistan. This bench alone possesses the prerogative to adjudicate matters involving constitutional questions and the enforcement of fundamental rights, thus excluding all other judges of the Supreme Court from hearing such matters. Courtesy of the 26th Amendment, its composition depends entirely upon a commission where the government of the day can orchestrate a majority.

Take the case of how the head of the Constitutional Bench was selected. Six votes from government-aligned members of the Judicial Commission were cast for Justice Aminuddin, while three judges and two opposition members voted against him. A possible deadlock was broken by Justice Aminuddin himself. He voted in his own favour, thus becoming at once candidate and elector.

In an age when others chase landmark constitutional interpretation judgments, novel doctrines, and bold contributions to fundamental rights, Justice Aminuddin has wisely chosen the nobler path of restraint. His most........

© The Friday Times