Constitutional amendments challenged in Pakistan's Supreme Court

Oct 22, 2024

Islamabad [Pakistan], October 22 : The controversial 26th constitutional amendment brought in by the Shehbaz Sharif government has been challenged by a citizen in the Supreme Court of Pakistan, ARY News reported.
The petitioner made the central government of Pakistan as the respondent in the constitutional petition pleading with the court to declare the amendment as void. "The Parliament could legislate and amend the constitution with a 2/3 majority, but it could not encroach the judicial matters," the petition read.
As per ARY News, the petition argued that the 26th Amendment has violated the basic framework of the constitution and the division of powers among the state institutions.
"The amendment has handed over the appointment of the Chief Justice to the incumbent government," according to the plea. "The formation of the Judicial Commission has also been altered in the new amendment," the petitioner said.
Petitioner has requested the court to declare the 26th amendment in the constitution as a violation of the fundamental rights and the independence of the judiciary.
Notably, the 26th Constitutional Amendment has also been challenged in the Sindh High Court. According to ARY News, Illahi Bux advocate has filed a petition against the constitutional legislation in the high court. The petitioner has requested to declare section 8, 11, and 14 of the constitutional amendment as null and void.
According to ARY News, Secretaries of cabinet division, law and justice, and other concerned have been made respondents in the plea.
PM Shehbaz Sharif has been trying to gather support from political parties across the spectrum for the amendments. Notable figures of Pakistani society approached by him include Fazlur Rehman, Jamiat Ulema-e-Islam-F Chief and Bilawal Bhutto, the chairperson of the Pakistan People's Party.

The 26th constitutional amendments are facing protests in Pakistani society as various quarters have alleged that it undermines the power of judiciary in the country.