A day after it was passed and notified, the 26th Constitutional Amendment has been challenged in the Supreme Court by a citizen. The petitioner has named the federal government as a respondent and is requesting the court to declare the amendment invalid.
The petition argues that while Parliament can change the Constitution with a two-thirds majority, it cannot interfere in judicial matters. The petitioner claims that the amendment violates the Constitution’s basic principles and disrupts the balance of power among government institutions.
A major concern highlighted is that the amendment allows the government to control the appointment of the Chief Justice. The petitioner also states that changes to the Judicial Commission’s structure threatens judicial independence which is guaranteed under the Constitution.
In addition to the Supreme Court case, the amendment has also been challenged in the Sindh High Court. Advocate Illahi Bux has filed a petition there, requesting that specific sections of the amendment—sections 8, 11, and 14—be declared null and void. The petition includes the secretaries of the cabinet division, law and justice, and other relevant officials as respondents.
These legal challenges highlight ongoing concerns about the separation of powers and the independence of the judiciary in Pakistan. As these cases progress, they could have significant implications for the country’s legal framework.