Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment
Pakistan’s constitutional framework relies on "salient features" to prevent arbitrary amendments, yet recent legislative changes threaten this institutional balance. This study evaluates the 26th Amendment through the lens of the Basic Structure Doctrine, examining whether parliamentary power can legally dismantle core constitutional pillars, such as judicial independence. Using qualitative legal analysis and a comparative review of Pakistani and Indian jurisprudence, the study assesses the amendment’s impact on institutional autonomy. The analysis indicates that by restructuring judicial commissions and abolishing seniority rules, the amendment politicizes the judiciary and erodes the separation of powers. The study concludes that the amendment risks institutional erosion and suggests that formalizing the Basic Structure Doctrine is vital to preserving Pakistan's democratic identity against transient political majorities.
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Basic Structure Doctrine, 26th Amendment, Judicial Independence, Separation of Powers, Pakistan Constitution
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(1) Abida Hassan
Assistant Professor (Law), Dr. Muhammad Iqbal Law School, Government College University, Lahore, Punjab, Pakistan.
Cite this article
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APA : Hassan, A. (2025). Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment. Global Political Review, X(IV), 101-109. https://doi.org/10.31703/gpr.2025(X-IV).10
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CHICAGO : Hassan, Abida. 2025. "Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment." Global Political Review, X (IV): 101-109 doi: 10.31703/gpr.2025(X-IV).10
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HARVARD : HASSAN, A. 2025. Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment. Global Political Review, X, 101-109.
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MHRA : Hassan, Abida. 2025. "Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment." Global Political Review, X: 101-109
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MLA : Hassan, Abida. "Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment." Global Political Review, X.IV (2025): 101-109 Print.
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OXFORD : Hassan, Abida (2025), "Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment", Global Political Review, X (IV), 101-109
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TURABIAN : Hassan, Abida. "Doctrine of Basic Structure and Its Relevance to Pakistan’s 26th Constitutional Amendment." Global Political Review X, no. IV (2025): 101-109. https://doi.org/10.31703/gpr.2025(X-IV).10