What is the Constitutional Package: A Gift or a Curse?

Growing up in Pakistan, we have witnessed the powerful manipulate the law, often undermining the judicial system with amendments that seem to serve those in power. This has been a recurring theme throughout our history, and while many lawyers and journalists have debated it at length, the crux of the issue remains ever-relevant. The real question is: Does this constitutional package represent reform or regression? Is it a gift wrapped in promises of progress or a curse that erodes the very foundations of our democracy?

The so-called “constitutional package” appears to be nothing more than a tool for the government and its allies to weaken the judiciary and disrupt the delicate balance of power. It is an overt attempt by the executive to bring the judiciary to its knees—an affront to the principle of separation of powers that lies at the heart of any democratic state.

If this package is passed, it would spell nothing short of national suicide. It seeks to smother the rule of law and give way to unchecked executive control. Far from enhancing our democracy, it aims to shackle one of its most essential institutions—our judiciary—turning it into a puppet at the whims of the executive.

Even more worrying is the haste with which this package is being pushed through. It seems the government is determined to rush it through parliament, minimizing time for meaningful debate or dissent. The opposition, as is often the case, may be lured with promises or concessions, offering them what pleases them in return for silence or cooperation. This opportunistic maneuvering, where principles take a back seat, reveals the hollowness of the executive’s intentions.

At the core of this package is the abolition of the Supreme Court’s jurisdiction over constitutional petitions. Instead, a new “constitutional court” will be established, with its chief justice appointed solely on the advice of the prime minister. The president, on the same advice, will then handpick the remaining judges, transforming what is supposed to be an independent judiciary into an extension of the executive’s will. The package further stipulates that no court, including the newly established one, will have the power to review actions taken by officials under the guise of “national security.”

Additionally, high court judges and sensitive cases can be transferred from one high court to another without the judges’ consent. This undermines the integrity and autonomy of individual judges, effectively making them vulnerable to executive pressure and ensuring that cases land in courts that will yield the desired outcome.

What are we to make of this? Are we, the citizens of Pakistan, aware of the storm that awaits if this package is passed? The judiciary will cease to be an independent body, with judges selected based on their loyalty rather than merit or adherence to the constitution. The Supreme Court, once a guardian of justice and the rule of law, will be reshaped into a body of favorites handpicked by the executive, erasing any semblance of separation of powers.

This separation of powers—the very bedrock of our democratic system—is under direct assault. Without it, the executive, judiciary, and legislature can no longer act as checks on one another. Instead, we will find ourselves in a state where the government is both the rule-maker and the rule-enforcer, leaving the judiciary powerless to hold it accountable.

As citizens, we cannot afford to remain passive in the face of this encroaching danger. The constitutional package is not just a legal amendment—it is an existential threat to the democratic principles that protect our rights and freedoms. We must ask ourselves: Are we willing to let the executive gather more power, while the judiciary is stripped of its independence? Do we truly understand the consequences of concentrating so much authority in the hands of so few?

Now, more than ever, is the time to stand vigilant. If passed, this package will leave our democracy in tatters, reducing it to a hollow shell of what it ought to be—a system that serves not the people, but the powerful few.

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