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Petition Filed in Supreme Court Challenging Constitutionality of 26th Amendment
A group of lawyers has filed a petition against the 26th constitutional amendment, arguing it undermines judicial independence. The Supreme Court is set to review the case.
ND
by News Desk
2024-10-28
Petition Filed in Supreme Court Challenging Constitutionality of 26th Amendment

A petition has been filed in the Supreme Court of Pakistan challenging the constitutionality of the recently enacted 26th constitutional amendment. The petition, submitted by a group of six lawyers, including former President of the Supreme Court Bar Abid Zubiri, raises significant legal questions about the amendment's validity.

 

The petitioners argue that the constitutional amendment cannot be approved forcibly and contend that the current composition of Parliament is incomplete. They assert that this raises serious concerns regarding the amendment's legal standing. A central theme of the petition is the assertion that the independence of the judiciary and the separation of powers are fundamental principles enshrined in the Constitution. The petition contends that these foundational principles cannot be altered through amendments.

 

One of the critical points raised in the petition is the mechanism for appointing the Chief Justice, which is now under the purview of a parliamentary committee. The petitioners argue that this process constitutes undue interference in the judiciary, compromising its independence.

 

The petition seeks a declaration from the Supreme Court that the 26th constitutional amendment is unconstitutional, calling into question the future of judicial appointments and the balance of power within the government.

 

As this case unfolds, it will be closely watched, given its implications for the judiciary's autonomy and the framework of governance in Pakistan. The Supreme Court's response to this challenge will play a crucial role in shaping the legal landscape regarding constitutional amendments and judicial independence.
Tagged:

LegalChallenge

SupremeCourt

JudicialIndependence

PakistanLaw

ConstitutionalAmendment
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