26th constitutional amendment challenged in SC

The 26th constitutional amendment, which was approved by the National Assembly and Senate with a two-thirds majority on Sunday, has been challenged in the Supreme Court, requesting the nullification of the new law.

A local resident Muhammad Anas filed a petition in the apex court, seeking the court's order to nullify the amendment. 

In the petition, he argues that “Parliament has no right to interfere in judicial affairs.”

Similarly, another petition, seeking to revoke of 26th constitutional amendment, has been filed in the Sindh High Court.

"Judicial independence and rule of law were violated through the amendment,” the petitioner said in its application.

“Amendments in Article 175-A have increased the authorities' power to interfere in the appointment of the Chief Justice of Pakistan. This amendment not only undermines the independence of the judiciary but also makes it subordinate to the administration.”

The petitioner requested the court that sections 8, 11, and 14 should be declared null and voided.

The Secretary of Cabinet Division, Secretary of Law and Justice and Secretary of Parliamentary Affairs were made respondent to the petition.

The amendment made significant changes in the constitution, including the method of appointing the CJP, curtailed the right of the judiciary to take suo-moto, and ordered the formation of constitutional benches.

A major cause of conflict was a proposed federal constitutional court, which was opposed by the PTI and Maulana Fazlur Rehman who called for a constitution bench instead, which was later included in the draft.