Top lawyer explains who can hear petitions against 26th amendment

On Monday, Pakistan’s government approved significant changes to the constitution, allowing parliament to select the Chief Justice of the Supreme Court.

The move has drawn criticism from opposition parties, who argue it undermines judicial independence.

Under the new rules, a Special Parliamentary Committee will nominate the Chief Justice from the three most senior judges of the Supreme Court.

Previously, the second-most senior judge automatically ascended to the position upon the retirement of the Chief Justice at age 65. 

This shift raises concerns about the separation of powers and the potential influence of political bodies over the judiciary.

The current Chief Justice, Qazi Faez Isa, is set to retire this Friday. His departure has raised alarm in government circles, especially regarding senior judges below him and their past decisions related to former Prime Minister Imran Khan. 

Analysts suggest that some judges have shown leniency towards Khan in various cases, leading to fears that the new system could further entangle the judiciary in political matters.

Critics within opposition parties have voiced their discontent. “This is an attempt to manipulate the judiciary,” one opposition leader stated. emphasizing the risks of increased political interference in judicial appointments.

As the constitutional changes take effect, new debates have emerged regarding the validity of the 26th constitutional amendment. Legal experts are questioning who will handle the petitions challenging this amendment: whether it will be the Supreme Court or designated constitutional benches.

Munir A. Malik, a senior lawyer, addressed these concerns in a recent press conference at the Karachi Press Club. He clarified, “The Supreme Court will hear the petitions challenging the newly passed 26th constitutional amendment by the Parliament.”

Earlier today, the 26th constitutional amendment was 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.”