Justice Qazi Faez Isa: Defender of Constitutional Values or a Controversial Figure? Navigating Judicial Independence Amidst Proposed Reforms

By Razmak Ali, Lawyer, Founder of Legal Solutions, Freelance Legal Writer

The tenure of Justice Qazi Faez Isa, the 29th Chief Justice of Pakistan, has become a landmark era in the country's judicial history. Known for his resolute commitment to the Constitution, human rights, and the rule of law, Justice Isa’s legacy has been a subject of both admiration and controversy. With recent talks of constitutional amendments and the formation of a Constitutional Court, the future of Pakistan's judiciary might soon be shaped by these reforms—with Justice Isa at the center of these developments.

A Judicial Journey Rooted in Integrity

Justice Isa hails from a prestigious family, his father being a close ally of Pakistan’s founder, Muhammad Ali Jinnah. He pursued his Bar-at-Law in London, after which he steadily rose in the legal ranks, ultimately joining the Supreme Court of Pakistan in 2014. His well-known Quetta Commission Report (2016) scrutinized state institutions for their failings in preventing terrorist attacks, setting the tone for his unflinching pursuit of accountability.

Throughout his judicial career, Justice Isa has firmly stood by constitutional supremacy. His rulings, such as in the Faizabad Dharna case, emphasized the balance between freedom of speech and the responsibility to protect public order. His legal philosophy promotes the delicate protection of civil liberties while ensuring the law serves the people, not political interests.

The Presidential Reference: A Crucial Test of Judicial Independence

One of the most pivotal moments in Justice Isa’s career was the 2019 Presidential Reference, accusing him of failing to disclose foreign assets owned by his family. Legal experts widely viewed this as an attempt to undermine the judiciary's independence. The Supreme Court’s decision to quash the reference in 2020 was a victory for judicial independence and further strengthened Justice Isa's standing as a protector of judicial autonomy.

For legal professionals like myself, the significance of this case was profound. It illustrated the growing tension between the judiciary and political powers in Pakistan. As a practicing lawyer, I saw this as a fight not just for one judge’s integrity, but for the future of Pakistan’s judiciary as an institution free from external interference.

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(The Express Tribune).

The Proposed Constitutional Amendments and the Constitutional Court

With Justice Isa’s retirement looming in October 2024, conversations about key constitutional amendments have intensified. The proposal to create a Constitutional Court, a separate judicial body that handles constitutional matters exclusively, could reshape the country’s legal framework. Moreover, the proposed amendments include extending the retirement age of judges from 65 to 68, a move that could see Justice Isa remain in a leadership role beyond his natural term.

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(The Nation).

Supporters of the amendments argue that a Constitutional Court could streamline the judicial process and alleviate the Supreme Court’s workload, especially on constitutional matters. On the other hand, critics—especially from the Pakistan Tehreek-e-Insaf (PTI)—see the amendments as politically motivated, potentially extending the influence of figures like Justice Isa for the government’s benefit. From my perspective as a lawyer, while reforms are essential, they must be carefully crafted to avoid undue concentration of power in any single entity.

(DAWN)(The Express Tribune).

The Future of Pakistan's Judiciary

The debate over the constitutional amendments and the creation of a Constitutional Court is a defining moment for Pakistan’s legal system. Should Justice Isa take on a prominent role in this new court, he would continue to influence the country’s legal landscape for years to come. His dedication to transparency, accountability, and the rule of law will undoubtedly remain central to any future reforms.

As a lawyer and freelance legal writer, I have followed Justice Isa's career closely, appreciating his steadfast dedication to judicial independence. His judgments offer a roadmap for a judiciary that stands firm against political interference. Regardless of the outcome of these reforms, Justice Isa's legacy will be deeply intertwined with the future of Pakistan's constitutional law and legal framework.

Conclusion

The tenure of Justice Qazi Faez Isa has been a transformative period for Pakistan’s judiciary. As the nation debates the creation of a Constitutional Court and other judicial reforms, it is crucial to consider the broader implications for judicial independence. What will the future hold for Pakistan’s judiciary? Will these amendments enhance or weaken the court’s role in upholding the Constitution? Whatever the answer, Justice Isa’s legacy will continue to resonate, influencing legal thought and practice for years to come.

Sources:

• Dawn Report on Justice Isa
• The Express Tribune on the Proposed Constitutional Court