The Supreme Court Bar Association of Pakistan (SCBAP) has reaffirmed its commitment to upholding the Constitution, emphasizing the supremacy of Parliament and the importance of the 26th Constitutional Amendment.
In a strong statement, the SCBAP defended the amendment’s role in curbing judicial overreach, ensuring the separation of powers, and enhancing judicial independence. The association also rejected recent criticisms of the amendment, labeling them as politically motivated and aimed at sowing division within the legal community.
“Our support for the 26th Constitutional Amendment (the 26th amendment) stems from two main considerations. First, it represents the collective will of the Parliament. Secondly, it has effectively curtailed the judicial overreach and strengthened the very principle of the separation of powers for all times to come. Instead of being skeptical of the collective will of the Parliament, we must recognize and acknowledge that only the Parliament is competent to amend the Constitution. This power has been exercised lawfully, and we must respect this fact,” the statement read.
“Over the years, we have seen the judiciary, often overstepping its mandate, wasting valuable resources and energies on prolonged political matters, deciding them on the basis of personal preferences and became a tool of disruption to smooth governance. We believe that the 26th amendment has made the judiciary more independent than ever and has enhanced the accessibility of justice for ordinary citizens / litigants,” it added.
“The subject letter incorrectly claims that the 26th amendment has made the executive "Master of the Roaster". It further falsely referred the Constitutional Bench as "executive-dominated" bench. The present composition of the Judicial Commission of Pakistan (JCP) is by far, the finest formation, comprising of equal and balanced representation of the democratic, political (treasury and opposition) and legal minds. Today's JCP ensures that each member is master of his or her own conscience. We have full confidence in the current composition of the JCP, the formation of Constitutional Benches, and its functioning,” the statement read.
“We want to emphasize that the Constitutional Bench is fully operational and functioning at its highest capacity. Any matters related to the 26th amendment now fall exclusively under the jurisdiction of the Constitutional Bench. No one should compel the Court to call a Full Court. Any such convening under political duress will have no relevance and shall not be accepted by the legal fraternity. We strongly disapprove writing of such letters by few individuals as their viewpoints have already been rejected by the legal community. They should refrain from creating divisions within the legal community. Any future attempts to do so will be met with a firm response,” it added.