2024: A landmark year for judiciary amid historic rulings and constitutional challenges
Pakistan
SCP declared Zulfikar Ali Bhutto’s trial unfair
2024 began with Chief Justice Qazi Faez Isa at the helm, overseeing the implementation of general elections scheduled for February 8, 2024, as determined by the Supreme Court in December 2023.
Amid these efforts, the resolution of Pakistan Tehreek-e-Insaf’s (PTI) intra-party elections addressed one dispute but sparked new controversies. Throughout the year, tensions between the judiciary and the executive shaped the national narrative.
Following the general elections, a semblance of normalcy returned, though pivotal Supreme Court rulings reignited debates. Key judgments included declaring Zulfikar Ali Bhutto’s trial unfair, overturning the Supreme Judicial Council's dismissal of Justice Shaukat Aziz Siddiqui, and restoring constitutional powers to Parliament by invalidating the interpretation of Article 63-A and reinstating NAB amendments.
One of the most contentious issues was the Supreme Court’s ruling on reserved seats, which favoured PTI in a case involving the Sunni Ittehad Council and the Election Commission of Pakistan.
The government strongly opposed this decision, prompting discussions on constitutional reforms. This culminated in the introduction of the 26th Amendment, which brought sweeping changes, including revising the process for appointing the Chief Justice, establishing a constitutional bench, and curtailing the powers of the Supreme Court and High Courts.
With the retirement of Chief Justice Qazi Faez Isa, Justice Yahya Afridi, the third most senior judge, assumed the role of Chief Justice. Upon taking office, Justice Afridi emphasised the importance of maintaining a balance of power.
As Chief Justice, Yahya Afridi launched several reforms, such as overhauling the prison system. However, the controversy surrounding the 26th Amendment remains unresolved. Senior judges have expressed their concerns through formal communications, highlighting ongoing tensions within the judiciary.
The fate of the 26th Amendment is still uncertain. The Supreme Court’s constitutional bench has scheduled a hearing on the matter for the second week of the new year.
